Maintenance in 125 case filed by wife in FC

969 votes

according to your query if your wife is earning and she mentioned herself jobless so you can challenge it and she never got any maintenance if you provide sufficient evidence about her earning filing false affidavit is also an offence

Advocate Amit Pandey LawRato

689 votes

If you have proof regarding her job, pit it before the court, most probably court will consider it, in case court deliberately ignore that and passed any interim maintenance then you can approach Hon'ble High Court with criminal revision against that Order. For morr detail discussion you can whatsapp me or call me. Thank you

Advocate Anand Mani Tiwari LawRato

753 votes

ya you should file for perjury and if you see that they mentioned her as jobless you want to if interim maintenance will be awarded then we have to see 26 ais income proof so in maintenance the law supports only women

Advocate Spiti Sarkar LawRato

745 votes

hi kya Hm call pr baat kr sakte h becoz I want to know full breef of ur case actually problam kaha se shuru hui wife kaha se h ap kaha se h ye love Marriage h ya arrange shadi ko kitne saal hue h kb se ye problem shuru hui h kiss wajha se hue h

Advocate Antra verma LawRato

965 votes

Based on the details you’ve provided, here are the steps you can take if there are false statements in the affidavit of Neha Vashish Rajnish: 1. File an Application under Section 340 CrPC for Perjury: If the affidavit contains false or misleading information, you can file an application under Section 340 of the Criminal Procedure Code (CrPC) in the lower court. Through this, you can request the court to initiate perjury proceedings against the individual for submitting a false affidavit. 2. Writ Petition in High Court under Section 482 CrPC after the Order: If the lower court's order goes against you, you can file a writ petition under Section 482 CrPC in the High Court. In this petition, you can seek a stay on the lower court's order and highlight how the false affidavit caused injustice in the proceedings. 3. Highlight Relevant Grounds (Job and Absence of Children): If there are no children involved in the case and the other party is employed, these points can work in your favor. You should clearly mention these grounds in your objections and support them with evidence. 4. Properly File Objections in the Lower Court: While filing objections in the lower court, ensure that all your arguments and evidence against the false affidavit are well-documented and clearly presented. This will strengthen your case. 5. Prevent Mandatory Application Conversion: To avoid any adverse consequences in the interim, you need to actively contest the case at every stage, ensuring that no default orders are passed due to inactivity on your part. If you take these steps proactively, you can address the issue of the false affidavit effectively and ensure the necessary legal action is initiated.

Advocate Sudarshan Singh LawRato