Advocate Shubham Mahajan

Questions Answered by Advocate Shubham Mahajan

Q: Maintainance case - Reg wife false income affidavit

Dear sir/madam, This is regarding the Maintainance case, My wife already submitted her income affidavit in the court but after 4-5 hearings she again submitted that she's not working anywhere and i know my wife provided the false details because she changed her job and i don't know the company name where she is working now, she has not provided any document of previous employer so please help or guide me with the below queries:1. How can i prove that she is working some where without hiring the private detective. She has removed all her social media accounts.2. Having my wife's UAN a/c no. and PAN so using any one, is there a legal way to know where she is working currently.3.How to force her legally to provide all documents of last employer in the existing maintainace case. eg. Salary slips, bank statement or resignation letter. 4. Any use of section 91 in the above queries ?Looking forward your positive response. Thanks and Regards, Sandeep

Advocate Shubham Mahajan answered
Without any evidence it is impossible to convince the court that your wife has made a false statement on oath ( income affidavit). You can initiate an application under section 340 CRPC against your wife but again you need evidence to succeed in it. Check her LinkedIn profile or any other social platform from where you can get the details of her current company. I’m sorry to say this but you need a detective to get the job information of your wife.

Q: mujhe section 9 k bare m janna h

mujhe section 9 k bare m janna chahti hu. mere husband n mere par kiya hai

Advocate Shubham Mahajan answered
Mam section 9 means restitution of conjugal rights. Agar aap apne pati se alag reh rahi hai toh unhone court ne arzi di hai ki woh aapke saath rehna chahte hai. Agar aapke paas petition aayi hai toh aapko agali date par pesh hokar apna jawab file karna hoga.

Q: Wrong interim maintenance order & appeal filed / Execution 125(3)

An order of Interim Maintenance of amount Rs.15000 /- was passed on the basis of reply filed by me: in which salary was shown of amount Rs.60,000.The salary was reduced to Rs. 35000 and the same was mentioned in the furnished income affidavit but this fact was ignored while deciding the interim maintenance. She filed income affidavit without her bank statements and also hided her one of the course in Aviation & Hospitality. How Can I bring in the notice of the court regarding the same and some other wrong information furnished by her such as her age etc.A appeal is filed against the order (April 2021) to reduce the interim maintenance but the complainant also filed the appeal after (April 2021i.e 3 days) after me so as to increase the interim maintenance. Along with this recently, In Sep 2021 last week, they have also filed execution petition of 125(3) Crpc against me.What are the solutions which i can take i.e filing Adultery case against her, or some others? Please help me

Advocate Shubham Mahajan answered
In case of concealment of any fact one can file application under section 340 Crpc ( perjury).Further in the appeal for reduction of interim maintenance whether any stay on order granting interim maintenance was sought if so what was the outcome if not then an application should be filed immediately for the stay on the said order and execution. As far adultery is concerned that can be used as a ground for divorce and nothing else as adultery has been decriminalised.

Q: Can wife file 498 or dv act cases after fist motion of divorce

My first motion has been done and my wife had her recieved alimony amount and according to settlement she has cancelled the 498a FIR and has withdrawn the Domestic violence case but now in second motion she is denying to attend court and I want to ask can she again reopen or 498a and Domestic violence case or she can file new case on me to harrass me again as their family is sharp minded and want to harrass me

Advocate Shubham Mahajan answered
Sir, have you entered into any settlement deed??? If yes I need to see the terms and conditions of the same, if the deed has any clause of revival of complaints?? If there is no such deed then after receiving her alimony amount, the chances are very less that she can revive the cases.

Q: Citizenship for Bangladeshi National married to Indian National

Dear Sir/Ma'am,Please note that I would like to bring it to your kind notice that I am an Indian National married to a Bangladeshi Citizen since 2019.I would like to know the procedure for applying for her Indian citizenship since she is a medical professional and wishes to reside and practice here in India.

Advocate Shubham Mahajan answered
In terms of Indian citizenship laws a person can claim for India citizenship, firstly she is married to an Indian male which in your case is done secondly your wife can only apply for the same once she has completed her stay in India for seven years.