Divorce and maintenance case


Dear Experts,

I am married on 17May2009 at Rayagada, Orissa At the time of marriage her parents showed us some documents saying that she is working in an banking company and will get transferred to my workplace after marriage. As she did her MBA and working we never insisted on dowry or any thing from her family and I am the only son in our family and we are well settled. After marriage, and we both stayed at our house in Visakhapatnam,AP. My wife left the house on 19Nov2009 when I am in Delhi on official work. I tried to bring her back but she didn't agree to stay with me. Later she filed a false 498a case at Rayagada on me and my parents, we got bail and further she filed divorce and maintenance cases at my place Visakhapatnam, AP. Due to my arrest for 10 days in 498a case I lost my job, as my company is German based and is very particular that employee should not have any criminal cases. 

During cross examination she agreed to produce her employment particulars but she did not, Later, I filed a petition in the family court and based on the directions from the court, got her employment particulars, in the documents it is mentioned that she worked only for 4 months that too 1year before the marriage took place i.e she worked in January -March 2008, they cheated our family before marriage by showing some fake employment particulars and made us believe she is working.

I would like to seek the learned experts the following points:

1.  Can I file a cheating case on my wife/her parents under section 420 for providing false information?

2.  What will be the impact of it on the maintenance / divorce case?

Thanks

Mahesh

 
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Advisory/Advocacy

If she has lied on Oath, File a Case of perjury against her.

 

Regards

Chetan(dot)7679(gmail)dot(com)


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Lawyer in Hyderabad.wats app no.9989324294

Mr.Chetan advise is correct


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Lawyer

It is a good pujury case, pull her in the Court  


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Advocate,9444674980

I differ from the above, During cross examination she said she will produce her work details, which she failed to do so, You have got all her information about her work details, it says she was working only for few months prior to her marriage, since u have obtained the document which she is suppose to produce to the court and the court is satisfied that she is not working now, and her claim for maintenance is established. I do not think perjury is involved her, if she had told the court she is not employed under oath and if u have established she was working earlier and do have the capacity to earn and carry on her life further, u can sue her for perjury. As far as your question whether u can sue their parents for cheating will be reproductive.

 
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Advocate,9444674980

As far as your question whether to sue her parents for cheating it will be counter productive rather reproductive.

 
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@Raghavan,

In petition filed by wife for maintenance and divorce cases she claimed that she is working prior to marriage and after marriage but didn't produce the documentary proof requested by my advocate. Therefore I got doubt about her employment particulars and further got her particulars which showed that she worked well long before her marriage and also she showed fake documents to us before marriage, Further she produced marriage invitation as evidence which states she is employed at the time of marriage. so Why it does not come under perjury?

Thanks

Mahesh

 
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Advocate,9444674980

If You are sure she had under oath lied the court about her employment status and had filled this marriage invitation as evidence, then u can take a call on perjury under section 340 crpc.


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Advocate

I agree with Adv. Raghavan's opinion on the subject.  However, I have my own reservation t agree with his next opinion about the marriage invitation. In my opinion, she has filed the marriage invitation as a proof of her marriage and in that invitation card her employment status was mentioned.  Fine, the question is what did  she depose on oath about her employment status during chief examination? whether such deposition contains a false information attracting the provisions of law towards Perjury issue? 

The author's query is : Can I file a cheating case on my wife/her parents under section 420 for providing false information?

The apt answer given by adv Rahavan which is produce below suggests the next course of action:

As far as your question whether to sue her parents for cheating it will be counter productive rather reproductive.

2.  What will be the impact of it on the maintenance / divorce case?

This allegedly  suppressed information may not have any adverse impact on the maintenance issue in the divorce case or the divorce case itself.

Instead, this may be included in the arguments while pleading about their false allegations and other adverse factors to make a stronger defense.

 
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