ANONYMOUS1 (not applicable) 26 December 2016

Interim maintenance - false statements

I had filed for Divorce case against my wife in Family Court. Wife filed for interim maintenance case alongwith restitution. Since she was working in company and filing IT return, I made an application for production of documents. In her reply, she said, she is not working and has no source of income. The family court decided the matter and awarded her 10000 p.m. maintenance.

I later on got few documents against her, about her employment and produced the same before Family Court, however I wasn't entertained. Due to my inability to pay interim maintenance, wife moved application for dismissal of my petition.

Due to lapse of time in family court, I then filed for writ petition in High Court for relief. I was asked to deposit the arrears, which I did somehow to save my divorce petition. The High court also stayed the Family Court case. She filed an application for withdrawal of the amount. The high court ordered her to withdraw the amount, on condition that if the case goes against her, she must deposit the amount back.

Now i have got more documents pertaining to her income tax return (through sources) which she had denied earlier. As the matter in High Court is set for admission,

-How do I produce these documents in court?
-Do i make an application in the High court and submit the documents?
-Do I also file the same documents in family court at the same time?
-Can I file an application of perjury against her?

Please guide and advise. Thanks

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Originally posted by : ANONYMOUS1
	I had filed for Divorce case against my wife in Family Court. Wife filed for interim maintenance case alongwith restitution. Since she was working in company and filing IT return, I made an application for production of documents. In her reply, she said, she is not working and has no source of income. The family court decided the matter and awarded her 10000 p.m. maintenance. I later on got few documents against her, about her employment and produced the same before Family Court, however I wasn't entertained. Due to my inability to pay interim maintenance, wife moved application for dismissal of my petition. Due to lapse of time in family court, I then filed for writ petition in High Court for relief. I was asked to deposit the arrears, which I did somehow to save my divorce petition. The High court also stayed the Family Court case. She filed an application for withdrawal of the amount. The high court ordered her to withdraw the amount, on condition that if the case goes against her, she must deposit the amount back. Now i have got more documents pertaining to her income tax return (through sources) which she had denied earlier. As the matter in High Court is set for admission, -How do I produce these documents in court? -Do i make an application in the High court and submit the documents? -Do I also file the same documents in family court at the same time? -Can I file an application of perjury against her? Please guide and advise. Thanks

Your case has been mishandled to severe extents.

First change your lawyer, it appears that your advocate is quite inexperienced. Go for an advovate who has good experience in handling matrimonial disputes.

Now coming to your sources of information regarding your wife's employment, you need to file an application regarding submission of the same, under change in circumstances. You cannot file these documents simply, your advocate needs to show to the court that though the court ordered previously as what it thought that she was unemployed due to lack of evidences from your side, now that you have found evidence, the circumstances have changed and to readjudicate the alimony ordered, for this you need not go to HC, you need to wait for completoin of 1 year from date of such alimony ordered, as such order holds good for period of 1 year only, at end of 1 year your wife has to file a new application seeking alimony, failing which you should file a change in circumstances application along with proofs of her income to the court, then Family Court will readjudicate the alimony that it has ordered.

Keep me posted via email regarding your case so that I may further help you.

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