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Opinion in alimony and 498A case. Wife is well educated. What alimony?


08-Jul-2023 (In Divorce Law)

The girl flied for alimony. She is highly educated Was employed before marriage. After marriage and till filing for alimony she had no income, .but 1) the records produced by her in FC show she was gainfully employed and gud income 2) She fudged the records produced in FC . She also lodged a 498A .which prima facie appear of no substance . What are the options open for the defendant in FC for her tampering with the records presented and making a false statement of no income, even when the case is under hearing. Similarly in the 498A case, what options even case has not come for hearing>?

Answers (2)

Answer #1
940 votes
You can quash the case under s. 482 crpc. Please refer to landmark judgment of Arnesh Kumar v. State of Bihar. For filing a false case against you In 498A, you can file a application for malicious prosecution to the magistrate; once you win the case on merit. She is not entitled for maintenance as she is a working lady. For tampering with records as I understand that she has forged documents, you can initiate criminal proceeding against her. Thanks.
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Advocate Feroz A Shaikh

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Answer #2
893 votes
Sir, If the spouse is earning and that to more than you, she is not entitle to calim the same as per judgment of Delhi High court 1991.But You have to prove the same showing her income in court by issuing summons to her Employer. As far as 498 case u can challenge the same as per recent judgment of supreme court if your case fall within guidelines . Regards
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