Crpc 125 interim arguments help plz


i have filed written reply to crpc125 main n interim applicaiton, not attached proofs of her qualifications n experience, will produce on argument day, i hv following queries:

1. i hv given details about her qualificaitons and her past 3 years of experience in my reply to interim application, 
2. she has written false fact that she is spending to
o much on higher education, fact is she is already MCA, and she is not doing any higher education in any university or college, Can this amout to perjury?
3. I suppose higher education only means studying in a college or university ? 
4. she has not written in her applicaiton for interim about her qualification, past experience etc.

 

I have written in reply that she has lied that she is doing any higher education. how can I take benefit of this lie from court ?

Can I file perjury? Should i file? or should i file any other applicaiton ? plz guide

 
Reply   
 
Advocate & Legal consultant

The burden of proof will be on her to produce documents to show her persuance in higher education. You kindly produce all relevant documents on argument day and you also proove your point that

1. you have never neglected or deserted her, in turn she deserted you. 

2. She is capable to maintain herself.

 Sec-125 Crpc specifies -  order for maintenance of wives,children and parents

  a ) wife unable to maintain herself

Many judgements denied maintenace stating that qualified wife cannot sit idle and claim maintenance.

 
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PRIVATE PRACTICE

But What is your question ?

 
Reply   
 
Retd Sr Director Govt of India/ Advocate

1) Let her prove her contentions as the onus lies on her.

2) U can rebut her statements by producing necessary proof.

3) If it is proved false otherwise, then only u can think of filing perjury but not now.

 
Reply   
 

Agreed with the above experts, There is a apex court judgement statng that  affidavit has to filed in the wife to claim maintanance stating her inablity to maintain herself and her income should be declared before the court in the form of Affidavit.

 
Reply   
 

Submit supplementary petition along with her qualification and experience and pray to court that she is not entitled for maintenance as per CrPC 125 sub section 1 “Maintenance entitlement if wife unable to maintain herself”.

 

If she has suppressing or hiding the facts or claiming falsely in the greed of maintenance money, you can write in your supplementary petition that she has committed perjury under CrPC 340 punishable under IPC 193.

 
Reply   
 

thank you sir

 
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