Querist :
Anonymous
(Querist) 18 February 2011
This query is : Resolved
Petitioner wife filed application u/s 24 for maintenance. The minor daughter (aged 5 years) is under her custody. On date she gave statement that she dont claim maintenance (as husband gave away proof of her service and salary) and seeks litigation expenses only worth rs 18000/-. Order was passed to pay her rs. 2000/- as litigation expenses only as she dont claim mantenance. ** Can she cliam maintenece for HERSELF again in future ? ** If yes under what circumstances and under which rule / act ??
The application u/s 125 crpc is also pending in the court.
Kirti Kar Tripathi
(Expert) 18 February 2011
yes, she can claim maintenance in other forums available to her. i.e. Section 125 Cr.P.C. and Section 25 of Hindu Marriage Act etc.
Querist :
Anonymous
(Querist) 19 February 2011
Sir The husband is planning to file case u/s 340 cr.p.c. What if she got fine / punishment u/s 340 cr.p.c. because of filing wrong affidavit of her job/income. She has filed that she is having no source of income and cant maintain herself. But the husband submitted the proof of her service with salary released by her own office. Can she claim further maintenence in any way in future for HERSELF ??
Regards
Kirti Kar Tripathi
(Expert) 19 February 2011
unless it not proved that the affidavit is false, 340 will not maintainable, it is premature.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup