Dv and false affidevite...
Shiv Ranjan
(Querist) 19 December 2014
This query is : Resolved
one more query...pls guide me...
My wife fill 498 and dv agst me and my family with componsation of rs 20 lacs..i have not personal such amt.
on dv can she claim that amt from my parents..??? and i have many loan on salary...will court give maintenance per month on my income after deduction of my loan installment???
she left home with all her gold ornments...but she claim on me now..how i proove that she left my home with her gold ornaments...???
Second Important quary...
she is doing job but in dv application in court(which court given me)she mentioned she is housewife not getting any income..
can i complain in police station for her false affidavite as false affidevate is offence???...or can give application to court about this false affidavite in court hearing...
Nadeem Qureshi
(Expert) 19 December 2014
you may file a criminal complaint against her u/s 340 of Cr.P.C for false affidavit.
the court will consider all the income, expenditure and liabilities of the parties at the time of order for maintenance.
V R SHROFF
(Expert) 19 December 2014
how i proove that she left my home with her gold ornaments.??
read Evidence Act ; how to prove,
u may need 10 yrs practice, to be successful to prove it;
So better leave it to your Lawyer.
& otherwise also, all your attempts to go for 340 etc etc are futile.
u will waste lots of time, money. energy to get nothing for years., even with best of Lawyers!!!!
so better, only defend dv, & forget all: don't take unnecessary tension..
Shiv Ranjan
(Querist) 19 December 2014
thanks...
i can complain at police station or in court??? DV case on me is countinued then also complain can be filed??
Rajendra K Goyal
(Expert) 19 December 2014
Do not open new cases. Defend the DV case against you.
Your loan installments would not be considered while deciding maintenance. If she is working collect adequate proof and submit to court. You should proceed against wife for false affidavit if court decide that she filed false affidavit.
Shiv Ranjan
(Querist) 20 December 2014
Thanks sir,
But If i dont getting net amt to pay even my exp..then how i pay her per month maintenance...
i have to wait for court order in DV and then after only i can proceed for false affidavit????
and i have to submit this in court by advocate only???? i can not go for higher exp...
V R SHROFF
(Expert) 20 December 2014
court consider " gross" & not net income... OK
Shiv Ranjan
(Querist) 22 December 2014
sir,i m getting 25000 pm and personal loan i have taken is used for exp..but its installment amt paying rs 15000 pm so my net income is 10000 now.
now court giving 15000 to wife then ....balance -5000 how i manage....and what abt me to live life??????
Shiv Ranjan
(Querist) 22 December 2014
sir,i m getting 25000 pm and personal loan i have taken is used for exp..but its installment amt paying rs 15000 pm so my net income is 10000 now.
now court giving 15000 to wife then ....balance -5000 how i manage....and what abt me to live life??????
V R SHROFF
(Expert) 22 December 2014
" gross" & not net income.
Otherwise all hussy will take Loans & starve their wife & children !!!!!!!!!!!!!!
Objective of Law will not be served if NETT is allowed. So net for fish named husband...... shd not get away,, a good catch is net..
simple. child need milk today!! & u must provide, or child will die!! cannot wait for tomorrow!!!
T. Kalaiselvan, Advocate
(Expert) 25 December 2014
You allow this matter to be handled by your own lawyer who will be able to defend you properly if you have doubts to handle the issue despite the advises of above experts.
