Absolved under section 125
My wife filed 498 in Oct 2012 for the second time in two years. The first time we had a settlement in Lok Adalat and started living away from my parents per her request and court(LA) orders. My parents and she never had contact after that. She maintains all her assets and has locker operated only by herself. She deserted me in 2012 taking away my kids and after 9 days filed 498 again naming me an my parents at her hometown - about 220 Kms away from our residence. I am denied access to my children and they are not permitted to even talk to me (I know it is black-mail but how do we prove it). The case is due for orders in the next two weeks. Meanwhile, ill-advised, I filed for divorce and custody of my children - daughter over 5 years and son under 5yrs in the city of residence in 2013. She attended three counseling sessions out of 13 and never brought the kids despite orders and subsequently petitioned for transfer of both cases to her hometown - we did not contest it. She then applied for Maintenance in FC u/s125 in Jan 2014. Over the next 4 months Family court ordered interim maintenance with arrears at Rs.20k for her and Rs.10K for each of my child per month, starting Jan2014. I contested in HC and got relief to pay our Rs.15k and Rs.7.5k per child with arrears. Dutifully, I have been paying interim since then - there are no arrears, a fact she has admitted in the FC in Jan 2016. In Mar 2015, she filed DV under all possible sections claiming all possible reliefs and I have submitted my evidence/calibrated response providing all proofs junking all her allegations. In Jun'16, after due course of the law, FC passed order, granting no Maintenance to wife and Rs.20k per child per month as maintenance by assuming a certain potential salary - about 20% higher than my submission.
1. As the civil court (FC) order stated that there was no ground for my spouse to leave my company and hence no maintenance is to be paid for her, how could the judge order such a huge monthly maintenance to my children? Considering all their current expenses (for both children) as shown in evidence, is less than Rs.1.6L per annum. Must I appeal to HC? if yes under what grounds?
2. Is it safe to pay Rs.7.5K per month per child (and not pay spouse any thing) if I appeal before due date for monthly maintenance payment? Will it be contempt of court for not paying Rs20k per child per month from August'16 when I received the FC orders? Must I pay out Rs.20 per child till I get injunction/stay from HC?
3. With FC determining that spouse had no grounds to leave my company, will the DV order (in due course) be dismissal of her petition? What must I do to achieve that? Will the Judge adjudicating DV need to be provided with the FC order(CA copy) .. at what point? Please share ay citations that I could use.
4. As the 498 is ready for delivery of orders, is there any action I should take? Must I be prepared for AB. Truly, I have been sinned against... and thus far we did not find any iota of evidence except verbal statements from her mother and relatives (in fact, we have been able to show they have been only hearsay and not actual witness to any claimed demand from our side). How do I prepare grounds for perjury? My advocate is proposing filing perjury.
5. There is a history of the DV judge being partial towards women. What additional steps do you suggest to ensure that I do not end up paying huge amounts in DV both as maintenance and false demands of streedhan/dowry. Up on order in DV(near future), what should be next steps to contest if that is unfavourable to me?
Look forward to your esteemed guidance.
Asked in Family Law from Hyderabad, Telangana
1. Yes challenge the order in high court. The ground would be that your income does not support such high maintenance.
2.As long as the high court does not grant any stay or set aside the lower court order you are obligated to pay at the rate directed by court.
3. In DV case willful departure of wife is not of much considerations.
4.Let the decision be first passed, then file perjury in 498A case.
5. If your income does not support the demand made by your wife in DV case then nothing to worry.hence establish your lower income.
1)you can appeal to HC if maintenance amount has been ordered based on wrong computation of your salary
2) you have to comply with courts orders on maintenance . you would be guilty of contempt of court order if you dont pay as per court orders
3) DV case would consider order passed by FC that wife had no reasons to leave her husband company
4)if wife has filed false statements on oath court would pass orders on perjury application filed by you
5)you should emphasis on wife income if she is working so that you are not liable to pay any maintenance
1. The right of maintenance to children subsists even if it is denied to their mother. You can challenge the maintenance order in the higher court which may altogether quash or reduce it.
2. Unless there is a stay from the higher court you are bound to pay maintenance to your child, failing which you can be hauled up for contempt of court.
3. The DV case is to be decided on merits irrespective of what the FC has decided in the maintenance case.
4. Be prepared with sureties for bail in the event the court holds you guilty on the judgment day.
5. Any order of the DV court can be challenged.
1. The orders of the court is to be seen for passing any comments on it. If your advocate opines that it is a fit case for appeal you may proceed.
2. You have to obey the court orders.
3. The DV case is different to that of the FC court case. You can obtain the certified copy and can fight out the DV case.
4. First you get acquitted from 498a case and then think of perjury or any other case against her.
Your advocate may be advising many things which would not be practical.
5. You can prefer an appeal before the sessions court if you are aggrieved.
498 A has gone against me.. a) Wife her mother, Mothers brother, Mothers sister's husband and her grandmothers sister's son have all made statements corroborating each other. b) Wife staying at her mothers place is taken as mental harassment. Am given 6 month jail and 3 months towards mental harassment and Rs5k fine in each. Am out on Bail - with two sureties. From our side my advocate did not put any evidence and he did state that all these relatives have given only hearsay evidence in line with them having accepted that during CE.. we were confident that no further action was required.. now I am left with no choice but to appeal... please suggest the approach and citations to be presented to dist. court.
Asked 8 months ago
1) it is necessary to peruse impugned order to advise
2) merely because wife staying at her parents place is not mental harassment t
3) she may have left house of her own accord
4) file appeal
Firstly if you do not have confidence in your advocate, change him abruptly instead of risking the matter once again.You can prefer an appeal on the grounds you feel that they have not been considered by court properly.
You will get plenty of judgments but you may have to search for it through internet.