Dispute In The Income Affidavit Filed By The Petitioner

513 votes

Yes, in a 125 CrPC case, if you have proof or a reasonable basis to believe that the petitioner has filed a false or incomplete income affidavit, you can request the court to allow interrogatories to be served on the petitioner. However, whether the court permits it depends on the specific circumstances and the judge's discretion. If you can substantiate that the petitioner has knowingly provided false information, you may also consider filing an application under Section 340 CrPC to initiate perjury proceedings.

Advocate Rupal Dwivedi LawRato

949 votes

Yes section 11 of the CPC talks about the same. Yes, in a maintenance case, the aggrieved party can request permission to serve interrogatories to the other party if there is a dispute about the Affidavit of Disclosure. Interrogatories are a set of questions that either party can ask the other party to get clarity on facts in the Plaint or Written Statement

Advocate Anubhav Kathuria LawRato

606 votes

Yes, the law permits serving interrogatories to the petitioner in a case under Section 125 of the CrPC if it is necessary to ensure justice and uncover the truth. Interrogatories are a set of written questions served on the opposing party to clarify or verify facts and evidence. Legal Basis for Serving Interrogatories in Section 125 CrPC Cases: Order XI, Rule 1 of CPC (Applicable through CrPC Section 126(2)): Though CrPC primarily governs criminal proceedings, certain civil procedural rules may apply to inquiries into maintenance under Section 125 CrPC. Courts have discretion to allow interrogatories to clarify facts, especially concerning income or false claims in affidavits. Income Affidavit and False Claims: If you have evidence proving the petitioner has submitted false or incomplete information in their income affidavit, interrogatories can be served to address and expose inaccuracies. High Court/Supreme Court Precedents: Courts have acknowledged that interrogatories can be instrumental in expediting proceedings and determining the truth, especially in maintenance or financial disputes. Court’s Discretion: Serving interrogatories requires permission from the court. File an application demonstrating: • The relevance of the questions. • The petitioner’s false/incomplete statements. • The necessity of interrogatories to establish facts and expedite the case. Regards, Advocate

Advocate Jayatee Chatterjee LawRato