discrepancy in the statements
Querist :
Anonymous
(Querist) 28 April 2011
This query is : Resolved
hello experts
I have one specific query.
Husband writes in the divorce petition that he has been depositing40,000 per month in wife's account since he left matrimonial home. But a couple of years back he started depositing much less than that. After filing divorce petition, he stops depositing money. When wife raises the issue in the court and request that what he is sending at present should continue and she tells what he currently sending ( the lesser amount), he agrees that that is the amount he has been sending and will keep sending. The honorable judge records it in the order sheet.
Husband has written one amount in the divorce petition and was sending lesser amount which he is depositing now, what implication it has?
1) Would this discrepancy be taken lightly by the court, or would it show that he has projected false facts?
Apart from this amount, husband claims that he has SOME policies in the child 's name whose custody is with the mother. However, wife does not know what amount or any details on the policies.
2) Please let me know if wife has right to know of details of the policies concerning her child?
Thank you all very much in advance.
Devajyoti Barman
(Expert) 28 April 2011
1. She can file petition u/s 340 crpc for making false statements on oath.
2. Yes she can ask for the details to check the veracity of his such claim.
Guest
(Expert) 29 April 2011
Agree with Devjyoti.
R.Ramachandran
(Expert) 29 April 2011
I think regarding query (1), it is the fault of the wife not to have specifically stated that in the petition the husband himself had stated that he is paying Rs. 40000/- p.m. to the wife and later on he has reduced the amount to .... without any reason or rhyme. Therefore, the husband be ordered to pay at least the Rs. 40000/- that he himself had admitted to be sending and paying for sometime. Instead what was stated to have been pleaded was "what he is sending at present should continue and she tells what he currently sending ( the lesser amount)."
Naturally court ordered the same, and the husband was taking undue advantage of the same order. According to the husband he will definitely claim that he was currently sending only this amount, which he continues to send completely obeying the court's order.
Therefore, the wife has to file an application bringing the above discrepancies to the notice of the court and asking for payment of Rs. 40000/- p.m. as has been admitted by the husband himself in his petition, till such time the matter is finally decided.
In view of the above, I do not think any Sec. 340 crpc would lie against the husband. Even if one such application is filed, the husband has a very good escape route.
Querist :
Anonymous
(Querist) 29 April 2011
Thank you Mr. Ramchandran. Wife has not filed the interim maintenance application. What you mention is correct, because wife in desperation when husband stops the amount, wanted at least what he was sending currently, immediately. Now should wife file an enhancement of maintenance petition or should she file an application bringing these descrepancies to the notice of the court. Would wife still be able to hold her say? Please can you and others guide me further regarding this?
Also I would like to again ask Mr. Barman's view in light of what you have written. As to me as a layperson both the views seem to be convincing. Thank you for this additional time to clarify and guide me.
R.Ramachandran
(Expert) 29 April 2011
According to me, wife has to file an application bringing in detail (i) what amount the petitioner himself had originally stated that he was paying to the wife; and how subsequently he has without any reason or rhyme reduced the amount being paid to the wife. In fact it was the plea of the wife that she should at least get what the petitioner himself was originally paying i.e. Rs. 40000/- and not the reduced amount which he was paying arbitrarily simply to harass and cause harm to the wife.
In view of the above facts, you have to pray to the court to order and direct the petitioner to pay to the wife Rs. 40000/- per month which the petitioner was earlier paying till such time the matter is finally decided and not the reduced amount.
