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rakesh sss (operater)     12 April 2012

Maintenance and 340crpc

my wife files 498, dv,complain at leagal cell authority  step by step,all cases result goes to my favour.before 3 month of decision of 498 she files MC Iin family court,after one month i file divorce at same court.

she is manager in a mnc earning 25000/-,my income is 4000/-.but in affidavit she mantion that she is a housewife. recently she file counter for my divorce petition she said that she is proud to say that i am standing my own lags and my father is give me higher education to me.she mantion that "this is wrong that i am earninjg 25000/-i am earning only 5000/-".

in affidavit of mc she exactly say"i am a housewife and living mercy of my father "

both affidavit and counter file in the same date and same court,i lost every thing for her ego problem and me and my father jailed for 3 days. 

by the way she has no fear of law and court that after the trial court decision" that all the alligation made by her is wrong she made same alligation at MC,even she is not go for appeal for that decision after 7 month.i want to file prosery case against her.

are my step is correct or this backfire on me on mc case?


 5 Replies

k.chandrasekharan (advocate)     13 April 2012

Get certified copy of petitions, objections, evidence and order sheet from the courts that have disposed off the cases and also in pending cases and ask your lawyer to present them as evidence in pending cases to bring out the contradictions.

Each case has to be defended till disposed off unless there is a settlement. Time lag is inevitable and has to be endured with patience. There is no alternative.

What you mean as 'prosery case' is not intelligible. If you mean 'perjury', or stating flasehood on oath, then your lawyer would advise you that such a course is tedious and energy-sapping with little tangible result, except a sense of wreaking revenge. If you can withstand this too, then instruct your lawyer accordingly.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

File 340 with all proofs. It is very much maintainable. Delhi HC has held the same in 125 and P&H HC has upheld the same in HMA 24.





Shonee Kapoor

avadhesh (am)     16 April 2012


my wife had filed 125 on me and got Ex-party order as we are not aware of that case. On 5/11/2011 the order given by the court. On 21/11/2012  we move the application for restoration and which was recieved  by her advocat also. On 26/11/11 she write my employer that court had order to give maintaince to her, so my employer should give her maintaince dirctly from dedecting from salary to complaince the court order.

My Question :- 

1. Is it compent of court bcouse court had not order my employer , it was order to me. 

2. After knowning that I had moved the application for re-storation, still she is trying to extract money from my employer by giving wrong information and wrongly using the court order.

3. what action Can i Take on her for doing such cheating.

plaese give me ur valuable advice.

thanx in advance..




Its a matter of 195 Cr.pc, File a application before magistrate to take step and passed order  for complaint case.

If magistered not take step than appeal u/s 341 cr.pc.

Produce proof of false evidence/affidavit.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 April 2012



Don't ask the same query at multiple places.





Shonee Kapoor

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