Hello Experts, Wife filled false DV petition along with false affidavit seek maintenance on the ground of jobless in May, 2014. Court ordered interim of 5,000/- per month from date of filling application in March, 2017. On the reply(WS) I have given bank statements, EPF statements, salary slips of wife during the periods when she filled false DV petition along with false affidavit. but still court ignore all documents and ordered interim. In the same court along with reply(WS) I have given application u/s 340 of Cr.Pc. for the act of perjury by wife under false affidavit read with section 191, 193 and 195 CrPC. Court registered a new case which is on evidence stage now. I have filled appeal under section 29 of DV act in the session court which is pending from last two month and there is no stay on interim. Now on the next date court force me to pay interim maintenance which is actually totally in justice. Now please answer 1) What Should I need to do to avoid interim? I don't want to pay single penny. 2) Can I give complaint against judge who passed wrong order? where can I file complaint? 3) What will be happens if perjury proof? Jail or punishment? 4) Also I would like to file civil defamation case, what is the advolerum court fee for damage in the state of Haryana for amount of one crore? Thanks
1) What Should I need to do to avoid interim?
You should file revision before the sessions court because when relevant documents were adduced court is bound to consider it. in your case it has not been considered by trial court. your case is fit for revision.
2) Can I give complaint against judge who passed wrong order? where can I file complaint?
Judge can pass right or wrong order you cannot file case against him (sec 197 crpc and judges accountability act). if revisional court finds that judge committed blunder mistake then court can ask clarification by way of stricture.
1.Since the order is passsed you will have to prefer an appeal to set it aside.
2.Complaint against judge is not the remedy. A judge can pass a wrong order for which no complaint works.
3. In perjury she may be jailed if convicted.
4. On this basis no civil defamation case lies.
You have to comply with court interim orders of maintenance
2) your appeal would not be entertained until you comply with interim orders
3) no complaint is maintainable against the judge
4) you are at liberty to file suit for damages
5) court fees depend upon amount of damages claimed by you
6) court fees is state subject and varies from state to state
1. It will not be prudent on your part to disobey court order. You can expedite hearing of the appeal by making a mention in the appeal court and get a stay order on the order passed by the Court below.
2. You can challenge the impugned order before the appellate court but can not complaint against the Judge.
3. The maximum punishment could be imprisonment for 7 years though the quantum of pnishment will be decided by the Court.
4. In West Bengal the maximum court fee is Rs.1.5 ;lakhs. You shall have to get the same ascertained from the local court.
A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties.
Contest the false DV case on merit. There is no stay at present so you bound to pay the interim maintenance to your wife. So pay half or one third or one fourth of the amount as ordered by the court and Wait for the orders from your appeal.Complaint against judge is not good for future litigation. You can convince the judge in the session court and get order infavour of you from there is the best option in front of you.
Dear Querist
you had to file an application U/s 25(2) of Protection of Women from Domestic Violence Act-2005 before the magistrate court for cancellation of the previous order for the interim maintenance and also claim the stay order from the trial court and if the court dismissed your application then you may file an appeal before the session court.
as per your information i think the interim order has been passed by the court before filing your ws.
Feel Free to Call
You cannot disobey the court order.
You may have to approach the sessions court for getting a stay on this orders for interim maintenance.
You cannot make any complaint against the judge for passing the judgment.
If you are aggrieved then you can prefer an appeal against the order which you find it to be erroneous.
If the perjury is proved then the court will pass judgment and orders as per the provisions of law as provided under set ion 195.
The court fee is local state government subject, you can enquire about it in the court premises.
Thanks experts for you kind suggestions. Well!! I have already appeal the interim order in the Session court under section 29 of DV-Act which is pending for consideration. 1) When the appeal is pending before session court, Can I put application for modification of the interim order under section 25(2) of DV-Act in the trial court? 2) What are the documents I need to attached with application under section 25(2) in the trial court? Thanks
When your appeal is pending you cannot seek modification of order before trial court
2) it is in your interest ti wait for appeal ti be heard and disposed of
3) in appeal lay emphasis on fact that wife has suppressed material facts from court
4) rely upon her bank statements, salary slips to show that wife has made false statements on oath
1. You cannot file any such application during the pendency of an appeal on the same subject.
2. The application itself is not maintainable, then what is the use of any document. However, see on what you rely upon so that you can provide the proper documents
1.Both appeal u/s 29 and petition u/s 25(2) at he same point of time is not maintainable.
2. Does not arise.
1. No. You have already appealed against the said impugned order. So, the said matter can not be further dealt with by the lower court whose order has been challenged by you.
2. Had you no filed the appeal you could have filed an application for modifying the said order attaching documents which should be required for the said modification sought by you.
In your appeal you can challenge the entire order so no necessity to file an application for modification