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Ritesh   17 January 2022

Maintenance case 125 crpc - affidavit and documents - query - urgent

Hello and Namaste to all the Lawyers,

My query is simple, and its about maintenance case u/s 125 crpc;

I have filed a maintenance case against my husband, I don’t have any source for survival, and he has ample income /funds through business and renting various properties and has 6-7 properties in his name.

We have all the certified documents showing his income, like his income tax returns and lease documents and various documents showing his net worth.

 

My query is that we filed the case in 2015 till now-interim maintenance has not been granted. During which the income affidavit guidelines have been changed three times, we have submitted all the three updated as per the higher courts suggested, but my husband submitted the 1st affidavit and the 3rd affidavit (as per supreme court guidelines). In the first affidavit, he has admitted some facts and his income as 50,000 per month but in 3rd affidavit, he is admitting his income as 5000 per month.

 

 All affidavits were submitted in the same court. After my 1st affidavit, he has hidden some assets for which I have filed an application in u/s 340 and disclosed the hidden properties. we have all documentary proof showing that his income is more than 2 lacs per month. Can the judge still be considering what my husband says in his 3rd affidavit or what he said in his 1st affidavit? Or as per the documents in front of the judge. My husband is still denying all the things what's the solution for that.

Thanks



 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 January 2022

Bring the notice of false affidavit to the court. If a court has ordered any party to file an affidavit, then filing a false affidavit in such a case is punishable as per Section 2(c) of the Contempt of the Courts Act,1971. Punishment for filing a false affidavit is punishable by imprisonment for a term ranging from 3 to 7 years

Sangeetha Km   18 January 2022

1st affidavit will be considered. what he had said in the 3rd affidavit will not be considered because he will be estopped. if you could show the evidence of the documents regarding to the hidden property, tax receipt, bank balance, transaction history, and salary certificate etc. If he says he only earnd 5k per month, then the clothes he's wearing can be taken as evidence. Since a 5k salaried person cannot wear an expensive cloth?

Archana Pandey   18 January 2022

If you have any evidence to prove that pleading is false and vexatious then you can move an application under section 340 of the Code of the Criminal Procedure and invite the attention of the court towards false statements made in the pleading. If the court finds that statements are false and have been deliberately made with the intention to mislead the court or get any favourable order by keeping the court in dark then the court will initiate criminal proceeding against him for the offence of perjury which is punishable under Section 193 to 199 of the Indian Penal Code. 

In Ranjeet Singh vs. State of Pepsu AIR 1959 SC 843 the accused, a police officer, was called upon to make a statement against an application under Article 226 of the Constitution for a writ of habeas corpus in which it was alleged that the accused had illegally detained a man in police custody. In his written (statement), the accused filed an false affidavit denying that the man was never arrested by the police or was in his custody. It was held that the accused was legally bound to place the true facts before the court in his affidavit and since the statements made by him in the affidavit were found to be false, it was held that he has committed the offence under Section 193 IPC for giving false evidence as defined in Section 191 IPC.

Megha   19 January 2022

Hi Archana,

Thank you for your response, could you please elaborate on the remedy?

Thanks,

Megha

Archana Pandey   19 January 2022

Hi. Megha,

As explained earlier, she can file an application in writing under section 340 against guilty person for submitting false affidavits in proceedings. Due to such effect, Court may give order for initial enquiry, if he finds gulity of that so, will get charge of upto three to seven years of Imprisonment and fine as well in regards to the same. 

Megha   20 January 2022

Hi, 

Thank you for the detailed response Archana.  

Ritesh   20 January 2022

Thank you to all the experts. Really means a lot for the information you all have provided with people like you we can build India we dreamt of thank you once again to all the fellow members really appreciated 

Archana Pandey   20 January 2022

Also, regarding considering of affidavits, only first affidavit will be binding on him.


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