Wife filed CrPc 125 case in 2019, which was decided ex-parte (in 6 months) with a maintenance order of 15000 per month as I was in Singapore, I came to India in 2020 and filed an appeal in High court which I won in 2021 and family court order was set aside. As per the high court order we both were asked to appear in front of court for mediation, I appeared for mediation but my wife by the time went to USA for higher studies and her counsel submitted document stating "She does not want mediation". After that we both had to submit the Income Affidavit as per "Rajneesh Vs Neha" which I did but wife did not, she submitted document with a senseless format denying any job, income etc., she was working from 2017 till 2022, I have confirmation for same from Income Tax Dept (filed RTI got acknowledgement stating she has filed ITR for all the financial years, pictures from workplaces, PF details from official website etc.) She didn't submitted any of her ITR, Bank statements in court along with affidavit for which we file objection as well. We also filed Sec 91 to which court accepted and asked her to submit her ITR and bank statements. Court has also acknowledged in order sheet that all the delay in the case is from the wife's end. Now, as per lawyer she is bound to get interim maintenance for more than 4 years (arrears) as now she is a student in USA and her expenses are huge (3.5 lakhs per month). Also, I have decided to leave my Singapore job as I am frustrated with this legal proceedings and want to end this ASAP given the harassment. As wife has willingly hid her income, denied mediation, and delayed the proceedings am I still liable for interim maintenance (that too huge amounts I am being told close to 50000 per month). Also, Rajneesh Vs Neha has scenarios for "Date of Application" vs "Date of Order", how can I get this started from "Date of Order". I am also being told that if I go in High court they will only listen once I pay the 50% amount of the overall Interim decided by family court and once paid even if court says she is wrong the amount is gone forever. Can you please help me with some latest judgements as well which I can refer to get some justice. Note: Apart from all the above facts I have not hit her, abused her etc. she willingly asked to leave for which I agreed, I sent a notice for Sec 9 as well in early 2017 (for which no response till date but they have acknowledged it)
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Take the plea that wife is highly qualified and has worked in past and not entitled to any maintenance
2) she deliberately left her job to claim maintenance
3) further she had deliberately suppressed her income and is not entitled to any maintenance
4) if any maintenance is awarded it woukd be from date of application and not date of order
As she was working from 2017 till 2022, there is no question of awarding of any maintenance during that period. Earning wife not entitled to any maintenance, established law. As petition filed by her is non fide, being earning, future maintenance can be only from the date of order not relating back to date of petition while she was working. You can contest proceedings from abroad appearing in Court through VC.
- As per law, a well qualified wife, who is having the earning capability &capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband.
- Further, ad per the judgment of BhagwanDutt v. Kamla Devi, (1975) 2 SCC 386. , Wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances,
- Further, as per judgement of Supreme Court of India , Wife is not entitled to get maintenance, if she lies.
- Hence, if you can arrange the proof of her earlier job , then you can file an application under section 340 CrPc for lodging an FIR against her lie /false affidavit in the family court.
You can contact me , if further suggestion needed.
It's not necessary to pay 50 percent all the times will if your case has merits. You can withdraw the amount deposited if case is decided in your favour
The documentary evidences in your possession to prove that she was gainfully employed at the time of filing the interim maintenance application as well as her ITRs for those period besides her false statement in her affidavit for assets and liabilities by suppressing her income at the time of filing maintenance application will enable you to get a a favorable decision by court by dismissing her petition for maintenance.
You have to follow it up properly and regularly with your advocate and discuss the strategies accordingly.
Dear client, in shilpa agarawlla v. Naveen Tayal (2017) it was held that if a wife hider her income then she is not eligible for maintenance
In this scenario only your wife or any mediator from family can help you to solve this issue to take back case from wife's side or ask court to pay interim maintenance only 5% instead of 50%.
You can request court to EMI the interim payment as of now and start the cas, so instead of paying 50% balance maintenance amount. Pay as per your income EMI wise.
