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UT (a)     29 July 2011

340 maintanibilty

I had filed sec 9 in nov 07
 
 Section 24 came in july 08
 
Section 24 decree was passed in June 2010 she was awarded for her advocate fee & monthly maint.
 
I filed RTI to CBSE 0n 3rd Dec 2010
 
CBSE forwarded RTI to her School on 9th Dec 2010 which reached at school on 13th Dec.2010 & i also got a copy of same.
 
 She had filed 151 stating that she is working and do not want any maintenance. on 23 dec 10 (after coming to know about my RTI at her school)
 
 I had filed 340 in March 2010  based on  1-       She mentioned in 24 that she is not working & after that in her rejoinder on oath she claimed that she is not working. (In my 340 i have mentioned that she was working from july 07 and was getting salary of 12k, i had produced her salary slips  which i got through RTI )


 2- She had given adjournment application that she is not well and not able to attend court but as per her attendance record she was present all 7 times at her school which i got through RTI)

 
i had given application to withdraw my section 9 in apr 2010
 
  Now she had filed her objection in 340 stating that after withdrawal of my sec-9, 340 is not maintainable and not given any other proper replie and stated that she had already filed 151.
 
 

 My Query is :


1.         Is 340 is not maintainable after withdrawal of section -9, as she already got a
 decree of section 24 and I had paid upto 12 month in that.

 

2.         If I file divorce then what cases of maintenance she may do again.



Learning

 2 Replies

Adv. G.Narayan ( Advocate & Legal Consultant)     30 July 2011

Dear !

Even if you have withdrawn Sec 9 , 340 Cr.P.C is maintainable and you must go ahead with this. Since he has filed a false affidavit on oath she is liable to be prosecuted U/S 193 IPC. And this help you in your divorce case also. Are you from Delhi?

1 Like

UT (a)     31 July 2011

Sir, Thanks for your comments, Sir, i am from lucknow.

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