You should cross examine your wife regarding the fact that she is working for US company
2) confront her with evidence in your possession
3) if any order is passed by trial court challenge order in appeal
Maintenance Case CrPC 125
This query is regarding a Maintenance Case (CrPc 125), which my wife has filed in Badravathi (Taluk in North Karnataka) and I am from Bangalore. An interim order to pay 4000/- per month has been granted and I have been paying the same for the last 2 years. Right now, the stage of the case is in Evidence where she has led the evidence and the same has been marked by the judge for cross examination. The evidence she has submitted is a FALSE FIR, CHARGE SHEET & SOME JEWELRY BILLS WHICH ARE NOT IN HER NAME and I do not have those jewels with me. I had got the stay for the FALSE FIR in the High Court and have applied for the squash petition under 482 for squashing the charge sheet against me and my family members. With due respects to all the lawyers who practice law ethically I am not saying everyone are not like this, buy my MAIN PROBLEM / PAIN POINT is that I have changed three lawyers in Badravathi and everyone is supporting her and not fighting the case properly for me because my wife’s family have some local political influence there. Even for the interim order it was granted as an Ex-party order as my first lawyer did not file the objection in time which I came to know later and it is very difficult for me working in Bangalore to follow it up and attend the case every time. Recently I got an electronic evidence that she has been working in a US based software company and she is more qualified (MBA) than me earning a good salary. I have shared this information with my present lawyer in Badravathi but no use as he says you have to still pay her forever until she gets re-married and he is not standing up for me which is very evident and lost all hopes on him as well. I have spent a lot of money for the lawyers there and have been paying the maintenance for a long time now and I am really struggling don’t know what to do. The query…. Can I let the main order pass in the lower court and fight out the case in the High Court which is more convenient for me as I have a strong trust worthy lawyer here because no matter how many lawyers I change there no use and I have lost all hopes of getting justice in Badravathi. Or is there anything else that I can do in the lower court itself by myself, please advise me?????
Asked 3 years ago in Family Law
Religion: Hindu
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6 Answers
There is a latest judgement by Supreme Court in Rajesh Vs Neha where new guidelines have been given which are mandatory for both the parties to comply among which
1 Both will have to file an Affidavit of Disclosure of their Assets and Liabilities in 125 proceedings including in the pending cases also .
2Whether the wife has any alternative source of income
There are many other directions kindly go through them and engage a good lawyer in High Court and Family court asking the High Court lawyer to depute any of his juniors to visit and appear in the proceedings in the Family court .Wish u good luck.
Since the court has passed the interim maintenance order only and the trial in the main case is going on, you may produce the evidence to prove her employment and income therein to the court while cross examining her or during your evidence deposition.
You can appear as party in person and let in your evidence yourself without the help of a lawyer if you are knowing the procedures of court.
If you are losing this opportunity in the trial court then you cannot prove your case or produce evidence before high court in the appeal.
This is a vital evidence .
Hence don't lose this chance.
Dear Sir,
1) You should produce the electronic evidence in the trail court itself.
2) The same will accord you opportunity to proof your wife case as fake and maintenance will be decided taking the new proof into consideration.
3) If the order passed is not favorable you can approach the High court to quash the maintenance order.
4) You can produce evidence and cross examine wife your self as well. Take help of your trusted lawyer to guide you with procedure.
Thank you
Dear sir,
You can get the order for maintenance revised under the new facts that have to come light i.e., she's earning now by appealing to the court. Please do the needful.
You can do that but you can't fight the trial court case in HC unless in appeal or petition. You need to contest the case in lower court on merits and then point out the flaws in HC
