MyNation Foundation Forum » Advice » Maintenance

Cancelation of maintenance.

(12 posts)
  • Started 7 years ago by girichand
  • Latest reply from Adv.Kachave

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  1. girichand
    Member

    498a registered against me. maintenace under 125 is also going on. She is well educated and was working before marriage and after registering case against me.I have submitted evidence to the court that she was working while maintenance case is pending in court. Her employers removed her from their organization and gave evidence to the court about the same. Now the orguments are pending and will be on 07-04-10. Is there any judgements that honourable court can cancell her maintenance and punish her as she lied to the court that she has no other financial source.

    Posted 7 years ago #
  2. Dr.Dsouza
    Member

    YES;
    Check http://mynation.net/docs/sitemap/ for Educated and capable women is not entitled for maintenance.

    you can show her employment history and tell the judge just to get your money she left the job, and with this judgment you can defend your claim

    Posted 7 years ago #
  3. yodha
    Member

    for maintenance to qualified professinal:
    http://nyayayodha.blogspot.com/search/label/Maintenance

    for perjury under crpc 340 (punish for lying), you have to do work yoruself, court will not do it easily:

    http://nyayayodha.blogspot.com/search/label/CrPC%20340

    Posted 7 years ago #
  4. naren_201077
    Member

    Respected Sir,

    My ex-wife is a lawyer as a professional and a registered in the bar council in delhi.
    An amount of permanent maintenance of Rs 4000 / has been awarded to her by the lower court in Karkardooma even being capable to earn and maintain herself easily.We are planning to go in high Court to cancel her permanent as she is professional qualified gil and fully capable to earn money in the life.

    I will be highly obliged to you.

    N K Singh

    Posted 7 years ago #
  5. id4mynation
    Member

    Hi,

    I request to provide me guidance on following matter:
    In case of mantenance under 125, can there be a cancellation of alimony if the wife lied to the court and we have evidences of all that she lied including the fact that she was/is doing job and getting enough salary? Any SC judgement(s) related to that?

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    We have so many HC/SC judgments here http://mynation.net/docs/sitemap/ on maintenance.
    use citation if she is working;

    Posted 5 years ago #
  7. id4mynation
    Member

    Dear Dr.Dsouza,

    Thanks for your response.

    However, to be more specifc, I need SC judgement(s) (as my case is running in HC) for something related to 'wife lied'. I have already referrred to many judgements (and is referring to again meanwhile) but could not find any such.

    Can you please let me know, in what circumstances does a maintenance/125 gets nullified/cancelled? Also, how can it be shown to the court the fact that she has not been deserted actually?

    Any help will be appreciated.

    Posted 5 years ago #
  8. Dr.Dsouza
    Member

    You should have started your own thread.anyway
    No Maintenance u/s Crpc 125 if wife deserts husband - http://mynation.net/docs/if-wife-deserts/
    also refer http://mynation.net/docs/citations/
    http://mynation.net/docs/24hma/
    No maintenance for earning wife - http://mynation.net/docs/no-maintenance/
    No maintenance for working women - http://mynation.net/docs/16264-2002/
    No Maintenance – Women who desert her husband her own - http://mynation.net/docs/176-08/
    No maintenance for Qualified wife - mynation.net/docs/1153-2008/
    No Maintenance to Working women under HMA,Sec24. - http://mynation.net/docs/949-2008/
    Challenging the rejected interim maintenance - http://mynation.net/docs/rejected-interim/
    No maintenance to Capable wife - http://mynation.net/docs/539-2008/
    Husband lost job because of complaint,maintenance denied - http://mynation.net/docs/593-6-09/
    SC: No Maintenance If Wife Lies is here - http://mynation.net/docs/sitemap/s2/

    you can search for the word you are looking for on main site http://mynation.net too.

    Posted 5 years ago #
  9. id4mynation
    Member

    Thank you very much. I will refer to above.

    About my own thread, I just thought that this thread is common for all these kind of queries..sorry about that.

    About 'SC: No Maintenance If Wife Lies', I have already talked to my lawyer. But he is confused that it might not be applicable as it is not related to maintenance. Whats your suggestion? Can the judge be convienced by just this judgement copy or we need to put any additional arguments?

    PS. We already have proofs of the fact that she lied. Do we need to file any criminal case (for lying against the court) using these evidences also to prove this in front of the court?

    Thanks again.

    Posted 5 years ago #
  10. Dr.Dsouza
    Member

    thats why we wrote POSTING RULES - READ BEFORE YOU POST.

    anyway her lies should be related to your case, maintenance. so you can justify.
    if she tell lies just to get maintenance, then you can defend and fight. im sure you will be winner, citation just giving judge a cover, so he can just say there is SC verdict, if other party counter him.
    you are making his life easy thats it. and you can argue even Sc denied why not in your case....?

    Posted 5 years ago #
  11. id4mynation
    Member

    About POSTING RULES, I read them already - but that was just a little confusion. Sorry again.

    Anyways, thank you once again for all your responses.

    Posted 5 years ago #
  12. Adv.Kachave
    Blocked

    You have to quash 498-a in High Court, u/s 482 of Cr.P.C.
    http://www.jaihindlegal.com
    9821387099

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 5 years ago #

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