KNK A Learner (Learning to share) 07 March 2012

Is it moral duty of husband to maintain a criminal wife?

Hi,
I would like to ask about a peculiar case. Had only one day marital life, Wife Threatened with false Cases through SMS Messages, I didnt allowed her to join with me later because of fear of false cases. Wife after receiving divorce notice file 498A, DVC, MC Cases with all known allegations(Very common), I got a report from a Income tax dept saying "No dowry has been given by bride's family in marriage",

Now my questions are
1) Can i file perjury in MC case where wife claimed nearly 10+1 Lakhs Cash and 240 grams of gold has given to groom?
2) Can wife approach Court with uncleaned hands and get a favorable order since its the moral responsibility of Husband to maintain wife?
3) if wife is a criminal, is it the responsibility of the husband to protect her or to surrender her to the law?

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3 Replies

insaniyat (Engineer) 08 March 2012

1) Can i file perjury in MC case where wife claimed nearly 10+1 Lakhs Cash and 240 grams of gold has given to groom? Yes, but please be patience until you win. 2) Can wife approach Court with uncleaned hands and get a favorable order since its the moral responsibility of Husband to maintain wife? Not always, but If you have strong evidences to defence yourself and show her income related proof, then you are lucky. 3) if wife is a criminal, is it the responsibility of the husband to protect her or to surrender her to the law? No comment

Tajobsindia (Senior Partner ) 08 March 2012

Originally posted by :KNK A Learner
"	I got a report from a Income tax dept saying "No dowry has been given by bride's family in marriage", Take: I am taking the so called report on its face value though doubtful as concerned IT Ward do not have mechanism to say so clearly in quoted wordings! However I give benefit to your sagging morale on this count as it is nobody’s case. Now my questions are (1) Can i file perjury in MC case where wife claimed nearly 10+1 Lakhs Cash and 240 grams of gold has given to groom? Take: MC stands for Mahila Court and taking cue from concerned Court's case indexing system there are two options before you, one is to wait for evidence to complete and second may go ahead and file so but ensure proceedings are sine die till there is any Order on taking perjury first over the main MC case proceedings! Now try your luck accordingly. (2) Can wife approach Court with unclean hands and get a favorable order since its the moral responsibility of Husband to maintain wife? Take: Two in One questions. However that besides the observation even if favorable Order pops it is your headache now to prove her 'unclean hands' and for the second question allow me to grill in a rephrase to your last 10 words by simply saying what even Hon’ble SC says, that "maintenance is not absolute rights of a wife". Happy now! (3) if wife is a criminal, is it the responsibility of the husband to protect her or to surrender her to the law? Take: Again two in one question. A wife has to be proved by concerned Court to be indulged into criminal activity and a verdict shall say so not personal assumptions gives self assurance ! For the second part of your question I say yes till the time divorce does not happen between spouses a wife is a husbands responsibility PERIOD about it. Golden rule of contesting in Mahila Courts: Spend work on how to demolish her lies and be ready to travel to Hon’ble SC come what may come in between instead of procrasting about the whole gamut of sorry affairs between two spouses the unfortunate 24 hrs. time they spent together.	"