Hello Everyone, I've been notified through email about the Special Leave Petition (SLP) filed by my wife in the Supreme Court under Section 125 of the CRPC. Despite being highly qualified (PG and Bachelor) and having a work history, my wife is currently employed but hiding her employment details. The Family Court initially decided on an interim maintenance of 50K, with 30K for her and 20K for the child. Upon my appeal in the High Court, the order was in my favor, reducing the amount to 30K. My wife has now filed an SLP in the Supreme Court, seeking 1 lakh per month. I am currently on an assignment onsite, and she is referencing the conversion rate to dollars, requesting additional interim maintenance. I seek guidance on the appropriate steps to take. I recently received the notice thru email , and I would like to know the timeframe for filing my reply. Additionally, what are the chances of obtaining an ex-parte order in the Supreme Court, given the potential delay in appointing an advocate and filing the reply while I am onsite? Since the HC order wife did not appear in Family court and nothing is happening in other cases like 498a and DV. Thank you for your assistance
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In the notice received through whatsapp social media you will find the time stipulate in it to give your reply either in person through your advocate.
You first engage an advocate and request him/her to appear, file vakalatnama on your behalf and take time for filing your reply
Hi please share the case details with me for further assistance and discussion in details.
please contact through kaanoon app.
Sanjeev Gupta
advocate
Supreme Court of India
1) fine detailed reply
2) in your reply take the plea that wife has suppressed material facts and has not come to court with clean hands and is not entitled to any reliefs
3) that wife is highly qualified and working and can easily maintain herself
4) you should file your reply in 30 days of so
5) if you don’t engage a lawyer and file reply court may grant wife exparte reliefs
Hi,
to give an appropriate reply you will have to share the order against which she has filed SLP in SC. We will have to examine the order and then appear for you before the SC. The case has to be dealt sensitively since this the last forum of adjudication. Let us know if any help is required.
regards
You need to prove your wife's current financial status based on acceptable evidence in court when the SLP comes up for hearing and oppose her claim for additional maintenance.
Dear client,
Sorry to hear about your situation. But in cases of Special Leave Petition the other party does not have to file a written statement as the Supreme Court now will decide upon reading the Special Leave Petition whether to grant special leave or not.
Hope this helps you .
- You have to file the reply of her petition before the Supreme Court , within a period of 30 days from the date of receiving the details
- Hence, you should engage a lawyer for filing the said reply on your behalf
- If she is concealing the truth facts of her employment from the court , then you can move an application under Section 340 CrPC against her .
If you will not in SC through Advocate, ex parte will pass. Press in court to direct her to submit affidavit of income and assets.
You can contest the same and file her income details and affidavit of asset and liability before SC.
Sir/Madam,
These cases are very common in various Courts of India and Hon'ble Supreme Court of India. I can understand your concern in this regard. Wife cannot be entitled to maintenance by the husband when she is highly qualified and has been earning even after her marriage, though she does not truthfully disclose her true income.
In case of Kusum Bhatia Vs.Sagar Sethi S.L.P.(C) No.16051/2017 by order dated 16.09.2019 Hon'ble Supreme Court has declined to award any maintenance u/s 24 of H.M.A to wife who was working and getting sufficient salary, however it awarded maintenance to the Daughter.
In case of Bhushan Kumar Meen Vs. Mansi Meen SLP (Crl) 7924 of 2008 Hon'ble Supreme Court while reducing the maintenance amount from Rs.10,000/- to Rs.5,000/- granted by the lower court to the wife, the Supreme Court observed that "we cannot also shut our eyes to the fact that at present the respondent wife is not employed or at least there is nothing on record to indicate that she is employed in any gainful work. However having regard to the qualifications that she possesses, there is no reason why she ought not to be in a position to also maintain herself in the future."
Therefore, there are various cases in which it has been reduced or denied from Hon'ble Supreme Court.
You'll to file the Vakalatnama through AOR and file the reply accordingly. Generally, 4 weeks time is given to the respondent to file the Vakalatnama and reply i.e. the counter affidavit. In case, no one appears from respondent's side in 2-3 hearings, Court will pass appropriate order without any further notice. Therefore, defending the case in timely manner is essential.
You may contact my secretary to connect with me for clarification.
Regards
Mr. Gopal Verma
Advocate on Record & Amicus Curiae
Supreme Court of India
Hi, as per the latest supreme Court judgement both parties need to file their assets and liabilities and income of each parties. If the wife give wrong information about her financial status then it amounts to fraud. You can argue before the Supreme Court with documents that she has financial status to maintain herself.
Supreme court being supreme has every power to pass ever order and has absolute power under article 142. Order of Supreme court is final also. The only way is to file proper counter in SLP filed by your wife with relevant proofs refuting the claim of wife. So act promptly. If required consult with detail.
The Supreme Court in 2021 in Neha Rajneesh Case has laid down detailed guidelines prescribing filing of affidavit on disclosure of assets and liabilities of the parties in maintenance matters. Thus, you wife when filing this Affidavit, will have to reveal about her employment status.
Very thin chances that the Supreme Court in your case will stay the High Court's Order without hearing you. Having said that, since you have received the notices, it is advisable that you appear through an Advocate and file your Reply.
