Revision u/s 125 Cr P C
Its been almost 10 years of our marriage. Both parties have second marriage. We have daughter aged 8.5 yrs out of this wedlock. My wife is double Post Graduate and was working before marriage. After marriage, we have been staying at the 1st floor of my parents house (non-ancestral property).
After a few years of marriage, my wife has been very short tempered and violent lady used to create a mess in the house, call Police and has even gone to the extent of dramatising episodes in media. Coz of her rude behaviour and and giving so much mental stress and trauma, my parents filed the complaint to the Poilce. The findings of the Police (under DSP) have been recorded and concluded that my wife is an arrogant and misbehaved person. The report also advised that in order to maintain peaceful living for myself and my parents, I should move out of this house and that we go and stay at a separate place.
As a result, when it was decided to move to a separate house, she denied moving with me and I moved out. While moving out, I did submit an application to the local PS informing about my movement and that I am taking only my personal belongings. This application also mentioned that the said application has been moved in order to inform them and also to prevent any unforeseen unpleasant scene that my wife is used to create.
(a) It is now about 2.5 years that I am staying alone at this new place.
(b) Since the very beginning, I have been paying for the tuition fee, stationery, medical expenses etc of my daughter.
(c) My wife, continues to reside on the 1st floor of my parents house. The daughter also stays with her. My wife doesn't pay rent, maintenance charges to my father
1. After about 3 months of my moving to this new house, I filed Restitution of Conjugal Rights u/s 9
2. In the meanwhile, my father moved to the court filing case on both of us to vacate their self acquired property - mandatory injunction
3. After about 2 years of my filing sec 9, my wife moved application for maintenance u/s 125
4. Sec 9 case has NOT BEEN decided in my favour and the judgement quotes that the following ground(s) - (a) there is no independent evidence to suggest that my wife had agreed to shift at the new place & (b) there is nothing on record to suggest why my parents would not allow me to stay with my family at the 1st floor of the house. The case has been appealed in High Court.
5. Since 2010, my wife has been working off & on in different organisations - but while appealing u/s 125, she denied having any source of income; whereas in cross u/s 9, she had agreed that she is earning 12 K. Certified copies of this cross were also part of my response to her appeal.
6. Just before the announcement of interim maintenance, she produced a certificate (not the salary certificate) from employer that she is working with them and earning 7K (whereas the fact is that it is beyond 15K)
7. Interim Maintenance has been awarded @ 7500 each for wife & daughter
1. Basis of revision for interim maintenance u/s 125
2. Suggest me similar & strong cases, preferably of Hon'ble Supreme Court
3. Basis to fight back for RCR - again quoting cases, that could help build a strong case
Thank You !!