My wife was granted maintenance considering unemployed which is what she claimed during the trial. Later i filed petition u/s 127 with 340. The judge turned down the 340 and carried on proceedings u/s 127. After a sound documentary proof was submitted showing her false affidavit, the judge dismisses my application and accuses me of unclean hands. What do i do under such circumstances.
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1. The order of maintenance can always be challenged before the sessions or high court.
2. Unless the false documents as alleged is proved to be false prima facie the application u/s 340 crpc is generally allowed.
3. Carry on the proceeding u/s127 crpc in the meantime.
Dear Concerned,
if you are sure of the employment of your wife and your application has been turned down without giving single thought to the facts in hand - hence in such a case it would be beneficial to file an Appeal at the High Court and chances of positive order are high - subject to the facts as mentioned above.
Best of Luck
It is necessary to peruse order passed by magistrate to advice
2) file appeal against court order awarding wife maintenance as she has suppressed material facts of her income
1. It is not perjury if a woman who is self sufficient claims she is not. People rush to file perjury without understanding the scope and meaning of it. Making a plea in support of the prayer, which may be false, is not ipso facto perjury.
2. If the court has recorded in its order that you have come to it with unclean hands then you may challenge that order to expunge the remarks.
Better you can challenge the order of maintenance before the sessions or high court.
Section 127 in The Code Of Criminal Procedure, 1973 says about Alteration in allowance. On proof of a change in the circumstances of any person, receiving, under section 125 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife, child, father or mother, as case may be, the Magistrate may make such alteration in the allowance he thinks fit:Check the order thoroughly and why the court says that you are not approach court with unclean hand.file appeal against court order.
If your case has been dismissed by the lower court, you may aproach the appellate court with an appeal against the judgment that has aggrieved you.
You may consult your advocate and prepare a strong grounds in the memorandum of appeal against the judgment given by lower court.
