Rahul 14 June 2017

False statement in petition and interim application

Hi Experts, I am going through matrimonial dispute. My wife has filed CRPC 125 on me last year Feb 2016. In petition she wrote that she is not working and after that in Interim Maintainance application(Sep 2016) again she has written that she quit the job to take care of child she has. I have produced bank statements till month of May 2017, where she is clearly visible that she is getting approx. 25 K every month from a reputed School. Can I file a case of Perjury against her? She has not given any affidavit yet. everything is on Interim application and cross reply to our reply. if yes then what's the process for it. I have one child, who is residing with her. and my income is 80K per month. What should be approx. amt of maintenance in lower court if she is already earning good amount Regards Rahul

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2 Replies

Vijay Kumar (Advocate) 14 June 2017

As per law, wife and child are entitled to same status as they would have enjoyed if they had lived in matrimonial home.

She earning less than her husband; has double liability. Father is bound to maintain child.

Born Fighter (xxx) 14 June 2017

Rahul,

In legal battles one should play their cards carefully and smartly.

You should have filed an application in the court asking your wife to produce details of her current employment with the school (that she is working) and bank statement (by giving her account details) and asked her to clarify her stand on Affidavit if she is not working. In return she would have either lied on affidavit or admitted her employment. If she would have lied on Affidavit then u had a stronger case for perjury.

Even now the interim application is produced on Affidavit so u have the right to file perjury. Just ensure you have a STRONG / AGRESSIVE LAWYER by ur side to push the case of PERJURY as judges are lenient towards women and Judge may overlook ur Perjury application.

Now coming to the question of maintenance if wife is earning 25k then she should not get any maintenance for herself. However u will have to pay for child. In fact you should ask court to SPLIT maintenance for child on basis of proportion of income of spouses. There is a SC judgement that maintenance for child is co-extensive

Go thru my earlier posting ..

read my reply https://www.lawyersclubindia.com/forum/Enhancement-of-maintenance-to-girl-child-149787.asp Read more at: https://www.lawyersclubindia.com/forum/Increase-in-interim-maintanence-147938.asp

Read more at: https://www.lawyersclubindia.com/forum/Handicap-unemployed-husband-needs-to-pay-rs-9000-interim-149922.asp

Give break up of what could be reasonable maintenance for child based on his/her age and ask court to split the maintenance between parents.

Use Perjury card to bring about a one time decent settlement and Move on in Life !!!