Santosh kumar (lect) 24 January 2015

U/s 24 for maintenance false charges

Hello experts

My wife filed u/s 24 of HMA seeking huge interim maintenance during the pendency of divorce plea. She has suppressed facts of employment and about her salary and that she is qualified. Also she has lied about the time she left her matrimonial home , to seek more maintenance from that date. She is harassing me as I didn't to give her any maintenance in our discussions of MCD.

My lawyer says that since wife has sought maintenance , court shall grant relief to her, the quantum of maintenance can be lowered. Also that this needs to be disposed of within 60 days.

I am yet to file my w/s for the case. Can I initiate crpc 340 (perjury) for false affidavit in petition, with proofs of employment and proofs of her stay . Since these false statements and suppressed facts are intended to inflict material loss to me ?

Can I file this along with with my w/s ?

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6 Replies

mehul dave (advocate) 24 January 2015

Well, to suggest u the practical way to avoid maintenance ... If u don't mind staying aid your wife ... File hmp u/s 9 of Hindu marriage act. If it is allowed u won't have to pay maintenance and thereafter if your wife doesn't come to u to stay with u u can get a decree of divorce after one yearyear Else, your lawyer is ryt dat amt can b lowered

Jai Karan Nagwan (consultant) 24 January 2015

Once divorce has happened, she is not allowed maintainance and if at all she can file only under 125 Cr. P. C. Or u/s 25 of HMA. You take pre-objection.

Dr J C Vashista (Advocate) 26 January 2015

1. The provisions of section 24 of The Hindu Marriage Act, 1955 are unique in itself, where either of the spouse can move to the court for maintenance pendente lite and litigation expenses.

2. Despite the fact your wife is earning handsome (even if it is more than your income) she will be allowed and you will have to pay, if you want to proceed the case. The perjury case may be attempted, if you get some success, which I have doubt.

3. Demand /quantum of money for maintenance and litigation expenses the sole discretion of the applicant. Suppose the applicant does not demand "moon" can the court grant the applicant "palm or coconut"? Therefore, the demand is bound to be highly inflated and there is nothing wrong.

Santosh kumar (lect) 26 January 2015

Thanks for the responses.

Dr. Vashista , isn't section 24 meant for people who are destitutes ( men/women ) who cannot maintain themselves. IT should some amount that should enough for food clothing shelter etc.

Section 25 or crpc 125 one can ask for equity to what husband can afford and seek same lifestyle comforts what husband can afford.

I see there are hundreds of judgements / references in the forum itself where in grounds of will full desertions , capable and earning wifes have been denied any maintenance. couldn't these act as pre cursor in any judicial proceedings?

Regarding the perjury , i got a reference from this forum , that in particular case Sunny_Bhumbla_vs_Shashi , the punjab high court has clearly held that wife section 340 should be initiated for filing false affidavit and suppressing the facts of her employment , her salary in the first affidavit which would influence the court judgement is act of perjury .

regards

Ramesh pawar.

T. Kalaiselvan, Advocate (Advocate) 27 January 2015

You are raising lot of questions and give answers yourself to all of them. If you know everything better than anyone here, you should not have approached this forum. Better consult your lawyer and proceed further.

Santosh kumar (lect) 27 January 2015

Mr Kalaiselvan & Dr Vashista

Sorry if my queries were in anyway offensive. I got these references in this forum and further makes me confused.

My wife has willfully deserted me, and is after my money. She files for Divorce under false charges of cruelty . An MCD was not possible because of the money factor. Thus she filed sec 24 against me.

regards

Ramesh