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Rohan   23 December 2021

False statement in the divorce petition

Petitioner filed a Divorce & maintenance case under section 25 HMA in January 2021. In the petition the petitioner mentioned that she is a "Housewife".

On 23rd of dec 2021 the petitioner filed a petition for "interim maintenance". In the interim maintenance petition she has written that she has been working in a school since feb 2020 and earns around 20000.

I have the following question with the above backgound.

1. Under section 24 can she ask for interim maintenance under section 24 HMA

2. Can she charged of perjury as she lied under Oath about her employment
 



Learning

 7 Replies

SP Rathore   23 December 2021

Yes she will be given maintenance

SHIRISH PAWAR, 7738990900 (Advocate)     23 December 2021

Hello,

If wife have sufficient income then she is not eligible for maintenance. 

Rohan   23 December 2021

Can you answer the 2nd point of the question?

 

Archana Pandey   18 January 2022

The provisions regarding maintenance of Hindu women are contained in Section 18 of The Hindu Adoptions and Maintenance Act (HAMA), 1956 and section 24 and 25 of The Hindu Marriage Act (HMA), 1956. Section 18 of the HAMA talks about the right of a woman to claim maintenance if she lives separately from her husband for a justifiable cause like desertion, cruelty, leprosy, existence of another wife, concubine, conversion or any other justifiable cause. Sec 24 of HMA provides for maintenance pendente lite and expenses for proceedings (for court proceedings) and Sec 25 provides for permanent maintenance and alimony. Another way to claim maintenance is under section 125 of The Code of Criminal Procedure (CrPC), 1972. Under this provision any woman irrespective of her religion can claim maintenance. Maintenance includes providing food, clothing, education, residence, medical attendance and treatment. Maintenance to a working woman is usually not given if she can maintain herself with her own income. But in some exceptional cases courts have taken a different stance.

The Hon’ble Supreme Court in Chaturbhuj v. Sita Bai, AIR 2008 SC 530; has ruled that a woman can claim maintenance if he has deserted her even though she makes efforts to earn her income monthly. Giving a wider interpretation to the provisions, the Hon’ble court held that “The expression "unable to maintain herself" does not mean that the wife must be absolutely destitute before she can apply for maintenance under Section 125 CrPc.” In addition to this the Court also held that ”The phrase "unable to maintain herself" in the instant case would mean that means available to the deserted wife while she was living with her husband and would not take within itself the efforts made by the wife after desertion to survive somehow.” Further it was held that “Earning of wife cannot be a ground to stop her from claiming maintenance unless the earning is sufficient."

An interim maintenance, on the other hand, is also awarded to ensure that during the pendency of the proceedings, the wife is able to maintain the same standard of living which she was used to, in her matrimonial house because of the earning of the husband.

In another case Savitaben Somabhai Bhatiya v. State Of Gujarat And Ors, AIR 2005 SC 1809; the Supreme Court held that when wife, children and parents are unable to maintain themselves it is natural duties of a man to maintain them.

 

Megha   19 January 2022

Hi Archana, 

Thank you for the elaborate response.

Could you please address the second issue too?

Thank you.

Archana Pandey   19 January 2022

Thanks Megha for alarming the second issue.

I have read a false case of domestic violence where she lied about her employment and even framed false charges on her husband and his family as well. But her husband produced all relevant documents of her employment in Court like salary slips, income proof etc.Upon finding such evidences, Court fined her of Rs. 10,000 for perjury by Court for lying under the oath.

Hope above case will give you a satisfactory reference.

Parasar   19 January 2022

The whole idea is how did that statement affect the administration of justice, read perjury by kant mani, that will help you understand perjury better, if you have any doubts you can leave a mail at sarvepallilegal@gmail.com. remember one thing  in perjury you have to show how the court is afected due to the false statement,the court is not concerned how it affected the client 


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