crpc125


wife filed crpc125 for maintenance and claimed herself to be housewife having no source of income in her application but actually was working as assistant professor in a private collage and resigned on the date of filing the case.

My question is..... will her act come under the suppression of material fact.
 
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you have to prove that she is working wife.....
 
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No,it is not suppression of material fact
 
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LEGAL

If she was not working on the date of filing of case then that certainly does not amount to supression as she was previously employeed but on the dat of fiking of case was not working.

But it is strange she resigned to have ride on your income, revange has no limits ..and it somewhere indicates extreme bitterness 

 
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she claimed in the court that she has resigned on a date prior to the filing of the case but I examined the principal of the college before the court who clearly stated that she resigned on the date of filing of the case
 
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Dear Amit,

This amounts to misrepresentation. So you can oppose the maintainance petition of your wife.

Regards,

 

 
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Advocate

If it could be establish that she had resigned to spite you, it disentitles her in getting maintainance. Her action may not amount to misrepresentation, but it proves that her action in seeking maitaninence is not in good faith.

 
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Lawyer

Although she is competent to work/earn for her maintenance yet she is entitled to claim maintenance from her husband as per status of parties.

Move an application before concerned Court u/s 340 Cr PC through your counsel for purjury committed by the applicant. 

Seek opinion and advise of your lawyer who is well aware about the facts and circumstances of the case besides the fact s/he is an able, competent and intelligent to guide you properly

You must not rely upon the obligation (FREE OF COST) of experts on this platform as their opinion and advise is bound to be based on limited facts posted by you, you will appreciate.

However, if  you feel strong it is advisable to consult another local prudent lawyer with relevant records/case file for proper appreciation, guidance and proceeding.

 
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an application u/s 340 crpc was moved by me but was dismissed by the court because it was not clear at that stage but after the principal's witness it is clear that pejury has been done. Can I again move a similar application in some other court.
 
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