Maintenance cases are extremely tricky in India and often the wives who are demanding the same, resort to illegal means of procuring evidence. There have also been times where some women have misused the services of government and law and order officials, to ensure they receive maximum amount as alimony/interim maintenance from their ex-husbands.
One such case has been reported from Mumbai where a Bandra based husband has filed an FIR against his former wife, her lawyers and a police officer for fraudulently procuring his bank account statements, even when the maintenance case is pending in court and there have been no legal orders to do so.
Irphan Mogul, Bandra based husband has lodged an FIR at Azad Maidan police station on Friday, accusing his estranged wife Shaista, her lawyers Rizwan Merchant and Gayatri Gokhale, and Vilas Sutar, former assistant inspector of Agripada police station, accusing them of forgery and cheating.
The family court had refused maintenance to Shaista, after which she had moved the Bombay High Court. In February this year, the High Court directed the lawyers to file an affidavit and serve a copy of the same to Irphan.
According to the husband, the wife filed his bank account statements and his father’s company’s bank account statements which were obtained fraudulently by her. When he approached the bank to enquire how his personal statements were leaked without his approval, the bank officials said Vilas Sutar had approached them to procure the details, alleging the same were required in one cheating case to a tune of Rs 75 Lakhs.
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The husband then filed an RTI to the police enquiring about this alleged cheating case. The reply from the police station confirmed that there was no cheating case filed by anyone that named Vilas Sutar. Irphan said,
It is crystal clear that my ex-wife and her associates have illegally obtained my family account details.
The woman’s lawyers have distanced themselves from this matter. Advocate Rizwan Merchant said they were no where concerned in procuring the bank statements. He said,
We were engaged to file an appeal in high court. The names of lawyers are deliberately dragged to pressure us. We have done nothing wrong.
This is not a unique case wherein women have tried all possible unlawful activities to project every possible asset and cash balance of the husband. The men, are of course, bounded by law to submit every detail as requested in the affidavit, however, if the wife feels there is incomplete disclosure, she needs to get court approval for digging out more information.
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However, in the above case, the fully abled wife, who is educated enough to procure bank statements illegally, also stands a chance to get maintenance from her ex-husband because our law states so. Most probably, the FIR will be overlooked by court, as has been done in several similar cases before.
Overall, it is complete system failure where women exploit the loopholes of maintenance laws and demand extortionate maintenance/alimonies, without making any effort to earn and support themselves. Woman empowerment doesn’t happen by making the man forcefully pay for her upkeep. True empowerment is when you make the woman so strong that she does not have to depend on anyone after divorce.
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