Sony Singh (Social) 12 February 2011

False Information given in section 24 application

author : Anonymous

Posted On
12 February 2011

Petitioner wife had filed application under section 24 mentioning that she has no source of income. But actually she is a government employee. At the DATE the respondent husband shown her service crtificate with salary. But just before producing certificate the wife said she dont need maintenence and give her litigation expenses only. Order was passed to give her rs 2000/- as litigation expense. There was no action against her after production of her service certificate.
1. 7 months have been passed. The divorce petiotion is also there by her. Is there any law/ruling against her wrong flow of information in section 24 application about her job.
2. She has levelled many allegation in the same application for which she didnt gave any proof. There was lot of harassment of respondent. Is there any rule / section that she can be prosecuted ???

Regards

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4 Replies

manjit kalra (system eng) 12 February 2011

file contempt against her, normally wives misdeeds not taken seriously by courts.

Arvind Singh Chauhan (advocate) 12 February 2011

Your Answer has been posted on expert column-

https://www.lawyersclubindia.com/experts/False-Information-in-section-24-application-157851.asp

Tajobsindia (Senior Partner ) 13 February 2011

@ Author

While agreeing in half to Adv. Arvind in my opinion the judgment quoted by him of Mumbai HC ack. the perjury of wife but then in the quoted case it was lightly pardoned due to reason at the end mentioned therein and same may not help you.

Adding my opinion, the time you got evidences of her ‘income’ a perjury application should have been filed with request to ‘confront’ her. However, if till date the ‘litigation’ cost have not been met by your side then still you can file perjury application along with contempt of court and pray for pecuniary heavy cost of ‘abuse of process of court’ instead of prosecuting her. Court will still be in a delima but will give you some relief instead of your saga going more or less the way re. Mumbai HC judgment went.

However, also think of the time and efforts and at the end was it all worth the efforts also in time frame of things to do then peruse diligently on above opinion just bze family matters perjury unlike USA here in India are not in the ambit of serious nature as made to believe at trial court level mostly.