Vineet 26 September 2015

340 crpc and 91

Hi,

DV case is going on in a court and interim relif has been granted by court to my minor son in the month

of feb 2015. I filed an revised petition in CBI court which was dismissed. Now my wife has file 340 CRPC and 91 against me as I did not reveal my actual income in the afidavit filed last year. she has shown the proof in the court to which court order to submit me and her 3 year bank statement and ITR.

I also filed the same as I got to know about her saving account which she did not reveal in her afidavit aslo the affidavit was filed in the month of july and her increment also happend in the month of july and december. she did not denied to the income which we filled in our petition but her income is higher than that now.

What are the chances of my survival in this case as my lawyer is not giving me positive response. secondly I sold 3 properties and that were shown in my ITR which I did not rdisclosed in my affidavit. she is now threating me for filling case for her right in those properties.

Would request you all to please reply soon as I am worried about my future.

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29 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 27 September 2015

Why did U file a revision in CBI court? If the properties have been purchased during UR marital life,she has a right to claim a share for herself and the son,even though she may be employed.Has she claimed maintenance for herself also?

Vineet 27 September 2015

Thanks sir for your reply

I Filed revised petition in the CBI court to reduced the maintenance. Properties I have purchased before my marriage.

She has not claimed maintenance for herself. I am worried about the ITR she present in the court which I did not disclosed. I work outside india and has shown income for their only but has not disclosed income I receive from my investment in india.

I also filed 340 CRPC and 91 against her for not disclosing her second account and has given amount to her sister, brother and many in relation.

Can she file case against me for her share in sold properties though I have shown it in loss.

Vineet 27 September 2015

And can court order me to disclosed my all property.

prabhakar advocate (advocate) 27 September 2015

Put yourself or your advocate to sweat out more to get a large number of Supreme Court and High Court cases, which say perjury and contempt of court cases shall not be filed by the parties to take revenge against the opposite party on flimsy grounds. Tehse provisions are imbibed in law to prevent miscarriage of justice not to play vendetta litigation.

SAINATH DEVALLA (LEGAL CONSULTANT) 27 September 2015

There could be a possibility that she may be influenced to stake claim for a share in the property both for herself and the child.

Vineet 27 September 2015

Is she has legal rights to claim share in the property I purchased before marriage

SAINATH DEVALLA (LEGAL CONSULTANT) 27 September 2015

If she does not have a claim,she can certainly claim a share for UR son.Right now though a minor he is a class 1 legal heir.

Vineet 27 September 2015

What is class 1 legal heir

Vineet 27 September 2015

What are the chances if maintenance gating increased as my final maintenance order is yet to be decide .interim relief decided for son is 25k and no maintenance to wife she is working and earning 50k and my income abroad is 80k inr

SAINATH DEVALLA (LEGAL CONSULTANT) 27 September 2015

Gentleman U are keeping on extending the query,UR wife and children are class 1 heirs to UR assets and properties.

Vineet 27 September 2015

Thanks you sir for your reply.

Vineet 27 September 2015

What about maintenance order would that get increased then 25k I have shown INCOME of 80k in the court but wide has shown ITR of app 9lac per annum which I did v t disclose

Vineet 28 September 2015

Any reply on above. and can she file 498 a against me now.

SAINATH DEVALLA (LEGAL CONSULTANT) 29 September 2015

U have to shell down at least 1/3rd of UR income towards maintenance.498A can be filed anytime,we cannot predict right now.If she is satisfied with the maintenance she will act as per the court orders.If she is not satisfied or U R reluctant to pay her as ordered by the court she has other avenues to trouble U.