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Recovery of amount paid u/s Sec 125 after filing Purjury
05-Apr-2023 (In Family Law)
Dear Lawyers, Can you please advise me how to proceed with Recovery And/Or Discontinuation of maintenance amount under Sec 125 after exposing forgery of wife. Lady have been granted interim maintenance Rs 5000 per month, after she claimed she has no source of income, while Sec 125 case is still under trial. However later husband found employment details of wife and filed Pujury u/s 340 against her. During producing evidence, she accepted about her job in cross examination. But simultaneously urged in court that Rs 5000 per month should still be given to her till case u/s 125 is under trial. I have already paid around 50K, & don’t want to give her more after her acceptance. I want your advice, howcome I can proceed with Discontinuation of maintenance amount while case is under trial. Also if possible, howcome I could recover paid amount as she accepted her employment in court. Any SC decision in this regard would be beneficial. Regards, Varun
Hi Varun,
As you have elaborated that the case is still pending, you cannot recover the amount paid till date till the disposal of you application under Section 340. However, you can file an application for discontinuation of the maintenance hereon. Many other facts would have to be considered for filing the application.
As you have elaborated that the case is still pending, you cannot recover the amount paid till date till the disposal of you application under Section 340. However, you can file an application for discontinuation of the maintenance hereon. Many other facts would have to be considered for filing the application.
Helpful?
Adv. Prashant Kumar
Delhi | 100+ Answers
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The essential ingredient for S.125 (maintenance) is that the "wife should not be able to maintain herself". If it can be proved by bringing on record sufficient evidence showing that she has sufficient means to take care of herself then the maintenance order can be set aside. However given the question of recovery, there are slim chances that court would allow that given that the maintenance amount was not so big as well as it is basically interim relief granted to a wife living separately. If she has lied about her employment, this ground would be useful in the divorce proceedings to determine or reduce the alimony.
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Adv. Manu Tripurari
Delhi | 100+ 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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