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How to deal with crpc 125 maintenance case
23-Oct-2023 (In Divorce Law)
Hi Sir,nMy wife has filed CRPC-125 against me, but notice not yet received to me, i got this info from one of my relative in court. I have baby girl from this marriage, Me and my wife both done MBA and she also earning 15K. she is not aware of my company name and from my salary. My Net salary after all deduction like pf, income tax, etc is 90k. Now my question is what is the max that may be allotted to her if i will show 90K in income affidavit? Another question is, if i left this 90K job immediately and start taking 35k in another account from any other company and will pass this 35K company details to court in income affidavit on CRPC 125, So court will consider this 35K salary now or only 90K. please suggest.Also she is nor giving divorce or also not agree to live with me so in this case what should i do?
Greetings to you.
There’s a judgement of High Court which says that people who are supposed to pay maintenance often hide their actual income and wives often over exaggerate the incomes. So maintenance isn’t absolutely awarded on the basis of how much one earns but the court also evaluates other factors such as living conditions, lifestyles, etc.
Nonetheless if you believe that you can keep your income thing an absolute secret, then yeah you may give it a try.
With regards to she neither consenting to divorce nor pursing with the marriage, you should try filing an application for Restitution of Conjugal Rights which under good circumstances, she may oppose. This will reflect your bonafide and help you in some level.
Please feel free to reach out for any further assistance.
Regards
There’s a judgement of High Court which says that people who are supposed to pay maintenance often hide their actual income and wives often over exaggerate the incomes. So maintenance isn’t absolutely awarded on the basis of how much one earns but the court also evaluates other factors such as living conditions, lifestyles, etc.
Nonetheless if you believe that you can keep your income thing an absolute secret, then yeah you may give it a try.
With regards to she neither consenting to divorce nor pursing with the marriage, you should try filing an application for Restitution of Conjugal Rights which under good circumstances, she may oppose. This will reflect your bonafide and help you in some level.
Please feel free to reach out for any further assistance.
Regards
Helpful?
Adv. Khalid Akhtar
Delhi | 100+ Answers
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If you wife has filed 125 CrPC Maintainence case on you, then you need to immediately hire an expert advocate in this regard, as she is also work n you need to show your expenses out of 90k …passing maintenance is according to discretion of court n we need to fight back that she is not eligible for maintenance.
Kindly b in touch
Kindly b in touch
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Adv. D. Khan
Delhi | 500+ Answers
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If the behaviour of your wife is intolerable towards you then it’s better to get rid of her because she may create problems for you in the future also. And in income affidavit the current salary is considered. For more legal assistance I will be just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
Chat
I would advise you to engage a lawyer and seek a detailed consultation to clear the ambiguities and for formulating a step by step strategy to deal with the litigation under section 125 CrPc. Court while granting interim maintenance will consider all these aspects like educational qualifications, actual income, standard of living, expenses and liabilities
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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