Girl filed for maintenance even after being educated and earning.
The girl flied for alimony. She is highly educated Was employed before marriage earning Rs 300,000 per year as per ITR returns. She claimed in the alimony suit she had no income, . 1) What is the criterion for disallowing alimony, a high education , b employment and steady income of the girl 2) If she has fudged documents submitted by her to court, what is the stand of the court a) linient b) perjury case will be ordered c depends on judge 3) she has lodged 498 A what is the best defence against her falsities 4) Can a case under 420 be lodged even before 498A is dismissed.
The alimony to a girl can't be refused only on the ground that she is earing good however sometimes court look in to the conduct of the girl while fixing alimony.
It depends upon the court whether to take action or not. But you can always sue her for filing false documents.
Defense in 498 A case depends upon facts and fixed set if defense can be recommended.
You can file a 420 complaint even if 497 A case is pending.
Advocate Sameer Kumar ShrivastavaLashkar, Gwalior
1) According to the fact mentioned in the query no.1 the criterion for disallowing alimony to wife will be based on b. Employment and steady income of girl.
2 in case of fudged document submitted by girl the court should ordered for perjury case either suo muto or on application u/s 340 of CrPC by the opposite party.
3. If the girl has lodged 498.A the best defense would be to seek quashment of FIR and criminal proceedings by filing petition u/s 482 of CrPC on malafide intention
4. Case under 420 can be lodged even before 498a is dimissed or complaint u /s 200 of CrPC can be prefered before magistrate for registration of offence under section 420 of IPC
Advocate Naveen DubeyAdhartal, Jabalpur
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