Aniket shatma (self shop) 24 October 2014

Wife gave false affidavit in crpc 125 case

Can I charge my wife with perjury for giving a false financial affidavit under oath during our divorce?

she has given a sworn affidavit that she is a simple homemaker and has no means of earning, which is wrong as she left us on 28 dec 13 (which she too mentioned in her affidavit) and at that time she was working. she left her job after she left us in month of february 14. She clearly mentioned and swore that she is a homemaker and a burden on her parents and filed for maintenance of 24k against my salary of 40k.

She has 2 degrees of B.Com and B.Ed

she was employed in ICICI bank for last 4 years.

I have her last 3 years TDS form 26AS

she left job after she left us.

What further action can I take? Will her case for maintenace be quashed? or do I still have to pay her maintenance even after I prove that her filed sworn affidavit is false?

there are no children from this marriage.

Marriage took place in 30 jan 13, I met with life threatening accident on 14-april-14 and was bed ridden till 3-Jan-14, she left on 28 dec 14.

Pls help

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4 Replies

Tajobsindia (Senior Partner ) 25 October 2014

@ Author,

1. If she was not working on the date of swearing Affidavit then no perjury case stands.

2. If she is qualified and was working and earning an income then her ability to earn an income is prime facie proved before Court provided your side highlights them. However a wife need not to live in absolute penury or destitution to claim interim maintenance which is crux of matter which needs apt counter handling by your side.

3. Year mentioned are wrong at two places in your brief, either it should be 2013 or 2014 ! Whatever, it is for the Court to decide and/or take note of and not me. Just thought to point them to you after reading your brief.

4. Contest her claims based on para 2.

[Last reply]

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ANAMIKA VICHARE (LAWYER) 27 October 2014

There are case las qualified spouse is not expected to receive dole from husband. Further forget perjury case. You will waste your money, time and energy. You just ensure thther maintenance is rejected. Thereis another supreme Court Case Laws, if the litigant pparty suppresses any materail document, the party is liable to be thrown at any stage of the proceedings

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Aniket shatma (self shop) 28 October 2014

Thanks for the response. Sorry for delay, I was out of town. Please can you point be to the case where wife has been refused maintenance by supreme Court

Adv k . mahesh (advocate) 28 October 2014

first you have to see that when she filed the maintenance case at that time wheater she is working or not is the main point and while defending thus your lawyer pointed out about this point

i presume that already court ordered maintenance and you are paying and for case laws refer

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