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hemant   28 August 2015

Application for dismisal of interim maintenance or perjury

HI ALL,

My current Interim maintenance application is about to start.

I am aworking profession earning around 50000/- P.M 

My wife is a BHMS DOctor + Phycologist + Selling health & Beauty products she claims that she earns Rs 500/- P.M and has submitted 3 years suspicious I.T.R of 6000/- ,5500/-, 6800/- p.Year.

She claims she is a papuer and she requires 97000/- P.M as maintenance. for herself & our Son

MILK 5000/-  GROCERY 6000/- MAID 3000/-

INVESTMENTS FOR HERSELF 20000,----CLINIC RENT 7000/-

INVESTMENTS FOR CHILD 15000/-,-------TUTION 5000/- P.M

COUNCELLING/Medecince CHILD 3500/-,------------MEDECINCES 3000/- P.M

SCHOOL FEES 7000/-, P.M --------------------SCHOOL (OTHERS) 3000/-P.M

PROJECT WORK 3000/- P.M, ------------------SCHOOL BUS 6000/- P.M

ENTERTAINMENT 5000/- P.M, -----------------TRAVELLING 5000/- P.M

I made an application for Production of documents for the various bifurcated expenses she has made on an additional affidavit cum Interim Maintenance.

After 6 months of furious fight & followup she has replied to my Production of necessary documents.

She states that she does not carry any documentory evidence regarding her 97,000/-P.M reqriements. she has categorely made this statement in her reply to my production of documents for the above except she states that she has only school related documents & her rental agreement and nothing else.

My question to you all can this be considered as perjury. can this be proved that the claims made on OATH/AFFIDAVIT are all astronomical false leading to making claims to reap the fruits of litigation.

Can I pray for dismisal of petition along wirth perjury by making a fresh application or filing a purshis

ALL INTELECTUALS please i need u r guidance asap as my hearing is scheduled for coming tuesday

 



 8 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     28 August 2015

 

Just because a Petition is dismissed does not necessarily mean that the Affidavit contained false evidence. Dismissal of a Petition simply means that the petition is not maintainable for whatever reasons which may or may not include perjury . 

An Affidavit (in any matter) submitted to a Court of law, simply means that the Deponent has made the statements contained in his Affidavit,on oath before a person competent to receive such oaths. The statements in the Affidavit would form the basis for the Deponent claiming whatever relief it is that he claims. The Deponent is obliged to state the truth in any Affidavit submitted to a competent authority, and he can be prosecuted for Perjury i.e. giving false evidence on oath, if it is shown that his Affidavit contained any falsehoods. A benchmark judgment of the Supreme Court in this context is: 
'Re : Suo Moto Proceedings against Mr. R. Karuppan, Advocate', AIR 2001 SC 2004. The Zahira Shaikh case is another example, however the reasoning given re: Evils of Perjury in the Karuppan case is more specific for citation purposes. 

Much earlier former SC Chief Justice Krishna Iyer had also directed that courts must be pro-active and take strict penal action in every case where litigants resort to perjury. The judgment is:- T. Arivandandam vs. T.V. Satyapal and Another, (1977) 4 SCC 467 

Most judges especially in lower courts are overburdened and would not be inclined to take suo moto notice of Perjury. It is therefore necessary for the aggrieved party to file an Application u/Sec.340 CrPC within the main matter, praying for the Court to sanction and initiate action against the opponent for offences of Perjury (which come under Chap.X of IPC). It will be necessary to show prima facie that the offence was committed with mens rea i.e. with malafide intent / with intent to gain by such malafides. If the Court is satisfied, it will issue a Show Cause notice to the accused Party, or in the case of higher courts, may direct the Registry to file the complaint of Perjury at the concerned court. However, even when this happens, conviction rates are usually low because the trial is statutorily conducted by the Public Prosecutor who is mostly incompetent and indifferent apart from having many other cases to prosecute. The aggrieved party, if he wants justice, should therefore file an Application u/S.302 CrPC to be heard in this matter whenever it comes up at the magistrates court. 

Lawyers are usually dismissive when their clients suggest taking action against Perjury committed by the opponent. This is because most lawyers routinely commit perjury in the affidavits prepared by them on behalf of their clients. That is why it is so important for any client to thoroughly read every submission prepared by his lawyer, and thereafter point out and ensure that any errors, falsehoods (intentional or otherwise) etc are corrected. Remember that the Deponent is personally liable for the contents of his sworn Affidavit, not the lawyer.
 
 
1 Like

Born Fighter (xxx)     28 August 2015

Hemant,

 

1) Do not get hassled with what wife is asking, she can ask for 10cr per month also, but what will be granted will be based upon your net income deducting your expenses. Court will also consider ur liabilities/loans etc. If you are earning 50k (if thats true) then maintenance awarded will not be more than 50k/3 = 16kpm or max 20kpm for wife and child. So relax

2) Rather than thinking about perjury , you prepare a strong IM statement stating details of your income/expenditure/loans/liabilities

3) Your wife thinks she is Smart, but what i can see is you are getting paranoid and fearing she will be awarded 96k. Boss, wake up your wife is a doctor and highly qualified and earning. What she is claiming to be earning is manipulations, you hire a detective to gather proofs of her true income. There are many High court and Supreme court judgements which says a highly qualified and able bodied wife has to work and cant harass the husband for maintenance, in short such wife cant claim maintenance. However husband has to take responsibility of child maintenance, also the maintenance amount for the child will have to be shared by wife also since she is working

 

 

amaresh   29 August 2015

The Experts are saying right.. Hemant stay relaxed. Try to gather the proof against your wife .Perjury is not a easy thing. But still you can move on. All the Best

prabhakar advocate (advocate)     29 August 2015

Perjury does not lie in the given facts.  You can argue that she is showing exorbitant expenses to extract extortionate amounts or for that matter she being a doctor herself does not need maintenance.  But for child, you should be ready to meet the reasonable expenses.

 

1 Like

Advocate Ravinder (Advocate/Attorney)     29 August 2015

It will not amount to perjury.  It is a normal legal procedure.  Wife file a petition for maintenance of Rs. 97,000/- per month.  Husband in his counter asked to submit proofs.  Wife failed to submit proofs.  Then the court will look into the petitioner of wife and counter of husband and come to a conclusion that basing on the salary of husband (deducting expenses, loans and liabilities) award a sum which is normally 1/3 of this salary.  Since the wife is well educated, she will not be awarded.  Only the children are entitled.  Born figheter had very well advised regarding the wife huge demand of maintenance.  So, do not worry.  Engage a reliable and experienced laywer he will look after the issue. 

1 Like

Abhu (Employee)     30 August 2015

Not a case for perjury. Maintainence claim could becrejected as she well qualofied. Please inbox me your email for relevant judgements. Meanwhile a case for I-T Department action seems likely

sridher (system analyst)     06 October 2015

Dear, Brother

when she claming that she is earning only 500/- and paying 7000/- as rent. is it necessarry to run the business. go for perjury as stated by sainath ji.

and teach a lesson to that evil

Nitish Banka (lawyer)     07 January 2018

Interim Maintenance Arguments important judgments

If you are from the Husband side and your wife is capable of earning and having good qualifications and if you are unemployed then how will you defend the interim maintenance case  filed by wife.

Here are the few judgments which you must use to fight interim maintenance cases  these judgments are handy.

Image result for interim maintenance

Smt. Mamta Jaiswal vs Rajesh Jaiswal 2000 (4) MPHT 457 spouse who is well qualified to get the service immediately with less efforts are not expected to remain idle to squeeze out, to milk out the other spouse by relieving him of his or her own purse by a cut pendente life alimony. The law does not expect the increasing number of such idle persons who by remaining in the arena of legal battles, try to squeeze out the adversary by implementing the provisions of law suitable to their purpose.

In Sanjay Bhardwaj & Ors. vs The State & Anr.  wherein while considering the provisions relating to maintenance under The Protection of Women from Domestic Violence Act, 2005 (D.V. Act) and other prevalent laws like Hindu Adoption and Maintenance Act, 1956; Hindu Marriage Act, 1956 and Section 125 of Criminal Procedure Code (Cr.P.C.), it was held that, “a husband is supposed to maintain his un- earning spouse out of the income which he earns. No law provides that a husband must maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell ask husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both claimed to be gainfully employed before marriage”.

In Sakarben Shambhubhai Rabari & vs Shambhubhai MasharubhaiRabari  while   fixing   the   quantum   of  maintenance,  the  Court  has to take  into  account  not   only   the   needs   of   person   who   claims  maintenance   but   also   the   capacity,   status,  commitments and the obligations of person who has  to pay it. If the husband has to maintain other persons   like   his parents, etc.   reasonable allowance for their maintenance shall have to be made. It would be unjust to grant maintenance in an arbitrary   manner.   The   party   who   has   to   pay maintenance is also not to be virtually rendered a destitute. A fair balancing of all the relevant factors   is   to   be   done   by   the   Courts without making an emotional approach to the problem. The court shall have to keep in mind that what is to be provided is the

maintenance and it cannot have saving element in it nor is it the purpose of the legislature   to   put   the   claimant   in   a   luxurious position. The definition of maintenance given by the Act   makes   this   position   amply   clear.

The Hon’ble Supreme Court in Manish Jain Vs. Akanksha Jain held

The Court must take into consideration the status of the parties and the capacity of the spouse to pay maintenance and whether the applicant has any independent income sufficient for her or his support. Maintenance is always dependent upon factual situation; the Court should, therefore, mould the claim for maintenance determining the quantum based on various factors brought before the Court.

By-: Advocate Nitish Banka

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