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340 case filed by husband in family court


31-Mar-2024 (In Divorce Law)
My husband filed 340 along with his WS and income affidavit. He knows wife's current workplace but himself hiding his income. Interim maintenance is about to be ordered in the next month. How a wife can defend herself or stop inquiry? Husband is accused of bigamy (he concealed his first marriage). He is working from home & earning through stock trading. Will wife be punished for hiding her earning while husband himself has commited offence of bigamy and DV. Please guide.
Answers (5)

Answer #1
861 votes
see regarding your situation just on the basis of that he is filing 340 along with ws you will be punished is not sufficient. it would be a ground of the case which would go into his favour if you have hide it from the court. but your case must be handled by an advocate so you can consult him or her accordingly
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Advocate Anurag Jangra

Adv. Anurag Jangra

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Answer #2
904 votes
As you say your husband concealed his first marriage from you , you must have put farward this in the court also , do you have any evidence regarding this fact ? In court you must go with clean hands , if you hid something it's a chance that you give the opposite party.
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Advocate Priya

Adv. Priya

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Answer #3
783 votes
you can file the case for bigamy and domestic Violence, under section 340 ,the court has power for preliminary enquiry you can reply to the case properly , there are not big things to conceal the income , there are lots of strategies to deal with such a type case.
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Advocate Mukesh Kumar Sah

Adv. Mukesh Kumar Sah

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Answer #4
511 votes
If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #5
613 votes
You have the option to file a 340 CrPC application against the husband. Additionally, you may choose to file a complaint case against the husband for bigamy under the Indian Penal Code (IPC). It's important to note that the wife may also face prosecution for concealing her actual income.
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Advocate Arinjay Bisht

Adv. Arinjay Bisht

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