FRAUDULENT OBTAIN MAINT. ORDER IN 125
R.SHAH
(Querist) 01 December 2010
This query is : Resolved
DEAR ALL
I HAVE FILE REVISION AGAINST ORDER PASSED BY JMFC IN MAINT, CASE 125 TO MY EX-WIFE IN SESSION COURT. I CONTENDED AFTER DIVORCE SHE IS NOT ENTILED FOR ANY MAINT. AS PER MWA-1986. WHERE SHE APPEARED AND OPPOSED MY REVISION BY SAYING "I M STILL LEGALLY WEDDED WIFE OF MINE' NOT ADMITTING DIVORCE AND CITED JUDGEMNT OF SC IN SHABANA BANO VS IMRAN KHAN AFTER DIVORCE ALSO MAINT. TO WIVES TILL HER RE-MARRY.
THE SESSION COURT IN ITS JUDGMENT GIVE FINDINGS THAT LADY IS NOT RE-MARRIED AS SHE DEPOSED BEFORE THIS COURT, HENCE I M CONFIRMING THE MAINT. GRANTED BY JMFC IN 125 CASE TO RESPONDENTS. AND DISMISSED ON JUNE 2010.
ON LAST MONTH I COME TO KNOW AND POSSESS SUFFICIENT EVIDENCE THAT SHE GOT RE-MARRIED ON FEB 2010, THIS FACT WAS NOT DISCLOSED BEFORE THE SESSION COURT IN REVISION AND AFTER 1 WEEK OF MY FILING OF CANCELLATION OF MAINT. IN COURT SHE ADMITTED IN COURT ON EXECUTION PROCEEDING OF AREARS IN FAMILY COURT THAT I GOT MARRIED ON FEB.2010, WHEN I SAID JUDGE THAT AFTER FILING OF MY PETTION. ALMOST 10 BACKS SHE GOT MARIED AND FRAUDUALENT EXECUTED DISTRESS WARANT ON OCT2010.
PLS. ADVICE ME HOW TO FILE FRAUD CASE AS SHE CONCEALED FACT BEFORE SESSION COURT AND OBTAIN FAVOURABLE ORDER.
WHAT CASES I CAN PUT ON HER.
NOTE THAT IF I WOULD NOT COME TO KNOW ABOUT HER RE-MARRIED THEN SHE WOULD FOOL ME AND COURT.
AND ADVICE ME WHICH CASE FRAUD OR GIVING FLASE EVIDENCE IN SESSION COURT BY WAY OF FILING FALSE AFIDAVIT ON 1 WEEK BEFORE HER E-MARREID AND OPPOSED ON LEGALLY WIFE.
YOUR SUGGESTION WOULD BE HIGLY APPRECIATED.
Devajyoti Barman
(Expert) 01 December 2010
F9r gving false evidence or false statement on oath the person can be prosecuted for perjury. In your case if your wife has remarried after the filing of her statement on oath then perjury would not lie.
So you have to fle an affidavit in the court stating the above fact of remarriage asking the court to ask for affidavit from your wife. If after that your wife makes false stament on oath then you could file petition u/s 340 crpc. Else her case for maintenance would fail.
R.SHAH
(Querist) 02 December 2010
thanks.
but the findings of the final order of session court clearly mentioned that she has not re-married yet and she deposed before this court. because of she conceal the true facts and misguide the court to get favourable order and on date / at time of delivering the judgment she press to judge for conditional order for paying me before 1st week i have no source of incomes etc...and after judge sign on it, judge asked both of us see the judgment and sign on it as noted. we both sign on it as noted/seen.
she submitted her written arguments on may2010 as a legally wedded wife and not re-married facts disclosed in it and june 2010 revision came to dismissed.
concealing the facts to obtain favourable order it can be a contempt or fraud with court.
on july she submitted an affidavit of chief examination in civil suit of conjugal rights filed by her, in there she stated "i m legally wife and need protection from this court and etc.." where i filed perjury appln. on last month.
kindly advice for session court order obtain fraudulently.
Ajay Bansal
(Expert) 02 December 2010
SEE A.I.R. MANUAL
