Prashanth G (Software Engineer) 10 December 2013

Cross examination on dv act-maintanance case -need help plea

Hi All ,

HC passed interim order of 10 k per month to my wife & Kid ,(My wife has given all false affidavits stated that she was un employed and said that my salary is more than one lakh per month ),

now my maintenance case {under section23(2) DV act} came for final stage and judge passed orders on section91 applications for my employer and my wifes employer. now court has got the information from both the organizations HR's that my salary is only 60k But not 1 lakh and also my wife is working and getting 32 thousands per month (but she stated falsely that she was jobless and her health condition was not good and got interim maintenance of 10 k per month by submitting all false stmts in front of all the courts like MMTC-1 ,FTC and HC also she worked in 2 companies with 3 different names ),now court came to know that she is earning 32 k per month she changed her name twice .

After that both side cross examination have been done .

During her cross examination - My wife agreed the following things :

1)It is true that I don't have any documentary proof for giving dowry - But in the petition she filed that she has given 6 lakhs of money as dowry ,

2)It is true that I don't have proper evidence to show that I have given 1 KG of gold to my husband - But in her petition she stated that she has given 1KG gold to me as dowry,

3) It is true that the gold and silver articles shown in the photo was purchased at the time of marriage and kept it in my house when lakshmi pooja was performed --- But in the petition she stated that all the gold articles taken by me as dowry and given by them as shown in the photo - it has just gold articles displayed without any people

During my cross examination -

Her lawyer has given the same photo to me ,which is having all the gold articles appearing and given by my wife in her evidence and asked me where the place the photo taken ? --- I told it has taken in my wife's house .

What the photo is showing ? - I told jewellery are appearing in the photo

He told me that they have given this gold to me - I said no ,we haven't received any of the gold items from my wife family

But judge has marked all the evidences ,

Please suggest me what to do ?

--Thanks in advance .

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3 Replies

sridher (system analyst) 10 December 2013

first off all i want you to ask one thing is that do you have any proofs about your wife's privious working certificates or pay slips?

if yes, you said that your wife has worked with different names do you have any proofs for that?

if yes all these said by you are right then ask your advocate to file perjury and criminal cases for giving the false statement in all those courts

fight on the the merits of your wife's educational qualification and her income

if you have any doubts mail me to slsridher388@gmail.com

fight it dont fear

T. Kalaiselvan, Advocate (Advocate) 11 December 2013

If you have proved that your wife is employed and earning the said salary, you may file a revision before the high court to set aside the interim maintenance award ordered on the basis of the certified copies of the documents marked s your exhibits before the lower court, hope you may get some respite. About jewels and dowry aspect if she has not given any conclusive or substantial prof, she may not be able to establish because even the judges know that these days women in order to avenge their husbands/in laws, foist such false allegations, so ask your advocate to argue strongly on this point too.

Prashanth G (Software Engineer) 11 December 2013

Hi Sir ,

Yes MMTC -1 has certified copies of the salary certificates of my wife (these docuemnts submitted by her employer with the stamp and afidavit ),Now court-MMTC-1 clearly knows that she is working .

i have question - This Intrim maintanance 10k per month order passed by the High Court .

Can i file a revision petition in the MMTC-1/lower court ? Please advice .

Thanks in advance ,

Prashanth .