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Ekta   01 April 2024

340 2nd day hearing on 125 crpc interim order hearing

My husband filed 340 against me for false affidavits regarding my income. 

My lawyer never told me the possibilities of such cases against me. I am working and my husband has all details of my office, workplace location, and job history (as I used to tell him everything as his wife). Have I known about this, I would have never filed this petition. 

My husband is also lying about his income and other details in his affidavits, can I also file this case against him?

My other cases on him 498a and DV are genuine as my husband concealed his first marriage and tortured me for money. I have affidavit of his first marriage and the girl he was married to is also an accused in ni act. 

My 125 crpc case is about give first interim order. Husband has filed his WS along with my job and credit card details and I will file my reply next. 340 case has 2nd hearing on the same day when interim order is expected to come. Will my interim order be postponed because of that? How should I defend or protect myself?

Can anyone guide me to avoid inquiry as I will lose my job if my employer comes to know about this. I can't lose my good job for a few bucks of maintenance. 

Should I take my maintenance case back or file 340 on my husband?



 5 Replies

Dr. J C Vashista (Advocate )     02 April 2024

If you have evidence of making false assertions (on affidavit) by your husband you must move a complaint u/s 340 CrPC, which will be a double edged sword.

Maintenance u/s 125 CrPC is granted when you are unable to maintain yourself, which your lawyer must have advised you before filing application.

Besides 498A IPC and complaint u/s 12 of DV Act did you move complaint u/s 494 IPC against your husband for bigamy ?

You have already engaged / paid an able, competent and intelligent lawyer who is well versed with facts and circumstances, what did s/he advise you on the issue(s) ? 

Ekta   02 April 2024

Sir my lawyer said that I should request my employer to avoid my attendence on record that I did, now he is saying that even if my maintenance gets rejected, we have major strong cases to fight and win (498a & DV). 

Now I think that my lawyer asked me to continue my job because he was concerned about his payment only.

For BIGAMY, I came to know that second wife cannot file this case. My lawyer never talks about filing this case. However, 494 section is added along with other sections in dowry prohibition cases. 

IO has mentioned in chargesheet that 494 should be filed separately.

We've sent RTIs to the marriage registration departments and police where first marriage likely happened but there was no trace. 

But yes, his marriage affidavit can't be fake, because forgery is also crime and if it's true then again he should be convicted for BIGAMY. 

Please suggest, should I withdraw 125 crpc or leave my job? 

T. Kalaiselvan, Advocate (Advocate)     02 April 2024

If you had suppressed the fact of being employed in your petition for maintenance, then before he pounces on you by slapping perjury case for lying and playing fraud on court, you may better think about withdrawing the maintenance case.

It is not advisable to quit your job depending on the meagre maintenance amount from him.

Your employment will take care of your entire life.

1 Like

Ekta   02 April 2024

Damage is already done, he had filed 340 on me. Is there any way to handle it? Husband is also lying on his income affidavit, he used to earn 60k when he married me and now he shows his salary as 14k only. 

He is a manager in MNC and now he is stating that he works a data entry operator (that's impossible). Even the lowest salary bracket in Delhi is 20k. 

Does court only prosecute my employment, not my husband's? 

Can I withdraw maintenance case in the stage of interim maintenance?

T. Kalaiselvan, Advocate (Advocate)     02 April 2024

You can decide about withdrawing the mainenance case if you feel that this will cause you harm.

If he has already filed a perjury case against you, what is the basis?

Have you affirmed on oath about the employment details, if not then it will not be considered as an act of perjury.

You can withdraw the petition if the case is still in the beginning stage and that you have not made any statement on oath. . 

If you gather evidence about his actual salary then you can also file a perjury case against him for suppressing the material facts.

You can send a letter through court directing his employer to furnish his salary details by which you can find out the lies he made before court 

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