My wife has filed a case for maintenance under Hindu Marriage Act section 24 in a family court in UP. She has failed to mention in her petition that she is employed and in a good job. I plan to bring this fact and related evidence on record. My plan is: - I will mention in my pleadings the fact of her employment in the hope that she will be forced to admit or deny on affidavit - I will file an application to the court requesting leave to exhibit interrogatory to the petitioner using Oder 11 rule 1 of CPC and ask this question about her employment - Submit a photograph of the petitioner in her office (along with my Written Statement) and ask her to admit under order 12 rule 2 of CPC - Ask her to admit the fact that she is in a job under order 12 rule 4 - List her Form 26-AS in list of documents, which are not in my possession and request the court to order IT department to produce Form 26-AS under order Order 16 rule 1 Could you please let me know if the above is likely to succeed and if there is anything else/any precautions that I need to take. Thanks, Abhishek
You do not need any of these options.These will do nothing but to warn her.
Simply at the time of trial summon her employer with proof of her employment and salary .That is enough to nail her.
Another option you can seek simultaneously is to file petition of perjury u/s340 crpc.
Hello,
The above seems to be a good plan, but please bear in mind that the principle judge sitting at family court i.e., Mr. Pandey usually does not hear matter in such details.
Take care that your case is presented in the best possible way so that the facts are presented before him and you get a good order.
Let me know if I can be of further help, I appear regularly at the family court.
Regards
Submitting her photograph in the office does not sounds to be a good idea.
Regards
You can file application under section 91cr pc calling upon wife to produce her appointment letter , her income tax returns fir last 3 years , her bank statement for last 3 years
Dear Querist
if you have the documentary evidence regarding her employment then you may file the same before the court along with your reply/Written Statement and claim dismissal of her maintenance petition.
apart from the above, you may file an application cum complaint U/s 340 of Cr.P.C. before the court where the matter is pending for her concealment of material facts and the court is bound to initiate preliminary inquiry against her and may be the court dismissed her petition on her own wrong.
if she is working and earned then she will not be entitle to get any maintenance, even the court may dismissed her main petition filed by her.
Feel Free to Call
Hi , a wife is only entitled for maintanance if she is not working and unable to Maintain herself .. You can provide her salary proofs and employment details in your defence to reject her application
In simple words you want to prove that she is employed and earning a handsome salary.
You can very well file petition seeking to direct her employer to furnish her employment and salary details to the court directly.
The information furnished by her employer will take care of all the issues which you are straining to prove it.
Thanks to all!
Thanks for your appreciation
Great
You are welcome for the appreciations