Civil Procedure Code (CPC)

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Sony Singh (Social)     19 February 2011

Maintenence u/s 24 with false affidavit

The husband is planning to file case u/s 340 cr.p.c. What if she (wife) got fine / punishment u/s 340 cr.p.c. because of filing wrong affidavit of her job/income. She has filed that she is having no source of income and cant maintain herself. But the husband submitted the proof of her service with salary released by her own office.
Can she claim further maintenence in any way in future for HERSELF ??
 

Regards



 13 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     19 February 2011

person playing fraud upon the court to be punished severly

1 Like

N.K.Assumi (Advocate)     19 February 2011

Yes, agreed with Aravinthan, refer to section 191,192,193,196, 209,211 IPC for punishing the woman with false  allegations.

1 Like

Sony Singh (Social)     19 February 2011

Sir,

Kindly tell Can she further cliam of any sort after getting fine/punishment of filing wrond affidavit ??


Regards

Jamai Of Law (propra)     19 February 2011

Don't waste your time and money in filing 340/195 case against wife. No court has punished wives ever!!!

 

At the max it discredits the wife's plea. Just apply to set-aside previous order and adduce this new evidence.

 

Also don't expect to get back paid money by you (probably you won't get back that money, as it is not retrospective, unless the order is treated as nullity)

 

Relief you should expect:- you wont have to pay her maint FOR NOW until she is employed.

Don't expect it to be perpetual. She may again ask for maint the moment she becomes unemployed, but again if she needs to prove why isn't she making use of her education, work experience etc etc.

 

 

 

 

 

Sony Singh (Social)     19 February 2011

Is there any relief for man ??? This is just injustice !!! Woman don't need to proove her DISABILITY (Physical / Mental) to get maintenace without doing work ?? Whereas man is order to pay even by doing labour !!!

Tajobsindia (Senior Partner )     19 February 2011

@ Author,

1. Which Maint. Section she lied under oath?


2.
Have you confronted her as in with witness statements / evidences / cross?


3.
If you really want that "a wife" should be punished for telling lie in a Indian Court then doors till SC are wide open. However if you choose passage through this door then have single point agenda and don't ask these questions here instead follow your goal. Take a decision yourself and chase the usurping dream of many a Family Law spouse.


4.
uncle Tom ('the brigade' knows this uncle by now) is instrumental in S. 125 CrPC lie of wife taken all the way to SC and from Nov. 2009 Lordships have kept it pending and arguments do happen on all occasions. Relief prayed is just 1 hr. of SI (simple imprisonment) nothing else and beauty of it is regularly maint. (interim) till date is being paid !

anil (manager)     02 March 2011

really very great law of bharat mahan

any1 either she is a well known  prostitute of society can file case in any court u/s 125

no 1 can check this harrasement

sure the suffering man will die in long process of court battle

jai ho bharat mahan

all men are fraud

only all women of this country  of this country are very innocent honest poor

Damayanti (Unemployed)     02 March 2011

Over 80% of the men-litigants in divorce and maintenance suits tell lies to court and give false information, knowingly, toescape from paying a reasonable maintenance to wife for her subsistance!!!

 

 

How many men-litigants are covicted and punished for their lies in court?

At the most they are fined .. that's all. What about trauma that those 80% women-litigants go through?

 

 

I am not disagreeing that there may be genuine cases of men when wives behave notoriously but such cases are fewer as exceptional case than the hue and cry being made out here, and can't used to paint all women-litigants with the same brush.

 

 

HMA is anyways gender neutral in maintenance related concerns.

 

 

Give up your careers for ..... 

house hold work, kids and

let us watch TV -cricket matches, evening partys,

please do all cleaning work, cooking, .... spend a decade doing so

And allow use to work and you people looking after house and family and elders

 

 

Then We Women would not mind giving you a Handome Maintenance if break out/eject yourself from the home and you find us culprit for marriage break-up!!!

Tajobsindia (Senior Partner )     02 March 2011

@ Anil,

I object to usage of wordings such as "prostitutes" in premium public discussion legal forums such as LCI while addressing to a 'wife' irrespective of any reasons.


However, a diplomatic (read as perhaps a palatable) way to make such public expressions may be to use word such as "delinquent" if venting out frustrations of husbands are a concern in gender war brought to public scrutiny arena, though all these may be all together avoided as the original posts essence gets a beating……….but then expressions are expressions of a individual whether public or private one can only suggest as alternate remedy?


BTW "no one dies" in long contested court litigations as far as family laws are concerned!

Damayanti (Unemployed)     02 March 2011

Even I raise objection to usage of 'uncultured' words.

 

Actually it suggests otherwise against the person who uses it (statements not relevant become otherwise relevant!.....Evidence Act)

anil (manager)     02 March 2011

u can object for use word prostitutes.

i also sorry if i hurt ur sentiments.

but can you tell me what word use for those kind of ladies.

do'nt  you think  some ladies are very much cheater

Tajobsindia (Senior Partner )     02 March 2011

@ Anil

1.
It is not only my sentiments but is based on principals of equity "innocent till proven guilty" thus it is social forums in WWW acceptable way of expressions wherein you want to convey what you want indirectly to convey gets solved.


2. However, visit a prostitute first just for an experience and see how different she is from a wife then the right word to use will pop up in your frame of social forum writings. 

 

LAV PRAJAPATI (STENO)     23 September 2013

BE PATIENCE DEAR.... ALL EVILS WILL BE DEAD AT THE VERY END


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