Fake 498a & Fake DV case - File Section 340 on Affidavit

Question

Fake 498a & Fake DV case - File Section 340 on Affidavit

17-Feb-2023 (In Divorce Law)

1) Married in 2011, and in Aug 2022 Wife alone left Home on her OWN will, 2 Kids both are staying with me. In Sept 2022 Wife filed fake DV case [Sec 12] on myself, Mother and elder Sisters. 2) Out of 12 Yrs she stayed with my Mother for only first 2 Months of marriage, later we moved out and stayed away for 8 Yrs having no contact with my Parents or elder Sisters, Sisters were already married before my marriage and stay at their matrimonial houses all across 12 Yrs 3) She is demanding alternate Residence[Sec 19], Monetary relief[Sec 20] and Maintenance[Sec 20] 4) In Dowry Case she said Dowry given 5L and She left home when i beat her, whereas in DV case said Dowry given 10L and all Family members beat her and we threw her out of house on Mid night 5) Even though she is working and staying in PG, she mentioned as NO Source of Income in DV application on Affidavit 6) How to tackle maintenance in DV case? 7) Can we file 340 crpc based on DV application Affidavit?

Answers (5)

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Adv. Rahul Rathi Adv. Rahul Rathi

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Dr. Preeti Manderna LawRato · Accepted Answer · 2023-02-18T21:46:24+05:30

Answer #2

Hello Sir, Please note if there are different versions stated by your wife, yes you can bring the same in notice of the court. Her cases will fall flat. Please call for detailed discussion on your issues. Thanks Adv Dr Preeti

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Dr. Preeti Manderna Dr. Preeti Manderna

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Advocate Deepak Sharma LawRato · Accepted Answer · 2023-02-21T02:50:36+05:30

Answer #3

Greetings for the day In this scenario you have to contest the application under DV Act strongly and once that will be decided in your favor and the court upholds your contention that the income affidavit filed by your wife is false only then you can go with application under section 340 of CrPC.

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Adv. Deepak Sharma Adv. Deepak Sharma

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Advocate Ranbir Singh LawRato · Accepted Answer · 2023-02-26T15:32:27+05:30

Answer #4

Hello you file application u/s 340 crpc for filing false affidavit before court but you need to attach the proof of income or employment for the application to be sustainable. more details about the facts and stage of case will decide if you can go for quashing of false complaint against the other family members.

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Adv. Ranbir Singh Adv. Ranbir Singh

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Advocate AK Rohilla LawRato · Accepted Answer · 2023-02-27T19:19:22+05:30

Answer #5

You need to consult your lawyer if yiu haven't appoint any lawyer or ur lawyer is not working properly than u can change your lawyer,, if u handle it with care than u need not to worry but if u take it otherwise u have to face the consequences... So u can reach by me if u r interested to take further actions

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Adv. AK Rohilla Adv. AK Rohilla

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