Need help in dv case

navin (Querist) 10 December 2011 This query is : Resolved
Respected all,

In continuation of my last query regarding 340 crpc under perjury, well guided by you.

I wanted to know if filled application only for falsity of statement regarding income and money of the husband can husband file application on his own without advocate.

wife submitted work and income of husband as business and income 50,000.00pm through affidavit but not submitted any evidence in support of statement.

on the statement only she received interim maintenance of 20,000.00. appeal is pending in session court.till date

husband on the otherhand having

1) Appointment letter of job of salary 15,000.00 only
wife is the nominee of the bank account which was opened for salary transfer. hence she knows husband was in job and not in Business.

2) he lost job due to mental stress and lack of diet problem .

3) he joined professional course for career appraisal, addmission reciept

4) railway pass and Id of 7- hours daily journey

5) 8- hours college- 6days a week

6) wife came and reside with husband when husband was in full time course and non working.

7) house was running on the savings during the period. wife knows well husband was non working during the period.as she came and reside.

8) husband and wife were in mediation, conducted by a professional lawyer during the same period when husband was in course.

9) husband received result and wife took the date from the Internet of the result and filled case on same day when he recieved result.

10) he prayed to Hon.Court to give some time so that he can join some job for survival and keep some lawyer for the matter. but pray declined by the advocate of wife intentionally and hence husband become advocate without having knowledge of law.Application of "Inperson" in records.

the above 10-points are in the records of Hon .court except , nomination record at the name of wife, and Addmission fee recieptof course.

if husband organise the above said Documents atleast can prove that she is misguiding the Hon.Court and submitted false information on oath on which she received interim maintenance.

my query can husband submit the same and try to prove falsity in a situation when appeal is pending in session court and wife is submitting Distress warrant for execution and trying to sent husband in jail.

else what husband can do for safety, point of maintenance is not present but according to income, otherwise if any wife says in affidavit that husband's income is 1Cr pm and Triat court passes interim maintenance on the filled affidavit and after then wife advocate start submitting Distress warrant for non complainance of order and creating direct threat and fear, How husband can face such conditions

plz guide

thanks in Advance,

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Devajyoti Barman (Expert) 10 December 2011
The proofs the husband has gathered is sufficient for modifying the interim maintenance but not sufficient for perjury.
Every false statement on oath does not amount to perjury.

Raj Kumar Makkad (Expert) 10 December 2011
Husband can persue his case himself and he need not to appoint any lawyer.

For rest of questions, I do agree with Barman.

Shonee Kapoor (Expert) 10 December 2011
Agreed with experts.

Perjury has to be decided on the principle of expedient in the interest of justice only.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com