Legal Question in Family Law in India

Sir,

Firstly I filed divorce petition against my wife on grounds of cruelty & deserting in Session Court. In divorce case, in her WS she clearly mentioned that she will not divorce me, she wants to reside separately ie her parents house & wants maintenance of Rs.15,000/- pm & wants Rs.50,000/- as cost of litigation and contested the case. She will not divorce me. But in divorce case, the Magistrate pass an order for Rs.5,000/- pm as maintenance. But after order the case is dismissed by my lawyer. She only wants money & it is understood that she kept me hang, she wants to finish my entire life & she know it well that I am poor boy. And also know that law is always supports lady.

After that, my wife filed petition u/s 125 with the help of self styled concocted stories for maintenance in the year�2013 in SDJM lower court, in her petition she required Rs.15,000/- per month. She showed in her petition that I am a Railway contractor & my monthly income is more than Rs.1 lack, demanded dowry from her father etc. And mentioned many more things, which is absolutely false. She is telling lie in her petition in every para. Actually the marriage was a love marriage & I was working under a contractor as a daily basis labour & was getting Rs.100/- per day. But due to heart disease problem I am unable to work which is mentioned in my written Statement (WS) & also submitted all my medical prescription to the court. And also showed that in my WS that I am unemployed for long ailment. Yet the Judge pass an order in favour of her & directed me to pay Rs.5,000/- per month as her maintenance & further directed to pay Rs.2,000/- for the cost of this case.

But I am not satisfy with the judgement & and my lawyer too. I earned Rs.3,000/- per month before my heart disease problem. But Magistrate how to pass an order for Rs.5,000/- in favour of her? where I am unable to work for heart disease. And she was unable to prove to court that I am a Contractor of Indian Railway. I have seen the judgement order copy where I have found that Judge not follow the matter carefully & ordered for monthly maintenance which is too high for me. I am not ready to pay any paisa because she filed fake case against me.

But my lawyer suggest me for further revision petition against section 125 & I have signed the �VOKALATNAMA� in the same court ie lower Court (Session Court, FTC).

During the case she only filed maintenance case u/s 125, except this no case was filed by my wife. And the case was running last 2 years. Sir I have no property, no Bank balance & presently residing in a Railway land, which is under control of my father. And if railway wants then railway take the land at any time.

Ques: (i) now can she file 406 IPC against me?

Pls reply & suggest.

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