• Maintenance case

My wife filed 498 first against me in 2016 I have got quashing petition andstay order on further proceedings and investigations but she didn't appear in high court Gujarat. Than she filed domestic violence case against me and I appeared in court but she got 20,000 maintenance order from metro court.so I have done petition in session court and got stay order against maintenance order and given her salary documents and proof of her new buying home now judge told her that she is not eligible for maintenance and both me and my wife doctor by profession. I have applied three time divorce petition but she refused for that and she filed sec499,500 and sec 91 case against me .I have also filed section 9 race since last 4 months she didn't appear for the same..so kindly guide me is she eligible for maintenance.,?? Can I file defamation suits or perjury against her that she hide original salary 90 ,000 per month with 17 lacs f.d details with new home 55 lacs worth .can I go for high court for further proceedings ..we don't have kids..
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

If the situation is intolerable you can file a contested divorce case on the grounds of cruelty against her.

You do not have to expect her to give consent to divorce, let she appear or not, participate in the divorce proceedings or not, you may be strong enough to prosecute the case without any let up. 

For her suppression of fact about her salary particulars, since her maintenance case has been dismissed, you may not indulge in multiple proceedings.

You may concentrate on the cases in hand to get them dismissed on merits with the support of documentary evidences in your favor.

Discuss at length with your advocate on all such further issues and take proper decisions without hurrying up with non-maintainable issues in a haste due to anxiety.

 

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

Yes you can file defamation after acquittal. You can file perjury before same judge under section 340 and 195 crpc

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

1. defamation is not made as per the facts mentioned by you above, however, you can go for perjury,

2. The Supreme Court of India held in Dalip Singh Vs State of UP 

"For many centuries, Indian society cherished two basic values of life i.e., `Satya' (truth) and `Ahimsa' (non-violence). Mahavir, Gautam Buddha, and Mahatma Gandhi guided the people to ingrain these values in their daily life. Truth constituted an integral part of the justice delivery system which was in vogue in the pre-independence era and the people used to feel proud to tell truth in the courts irrespective of the consequences. However, the post-independence period has seen drastic changes in our value system. The materialism has over-shadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation, and suppression of facts in the court proceedings. In the last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final.

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

Since both are highly qualified doctors and there is not much difference in your incomes wife would not be entitled to maintenance 

 

2) you can file application for perjury against wife under section 340 cr pc as she has made false statements on oath 

 

3) application has to be filed in trial court and not in HC 

 

4) you can file complaint of defamation against your wife u der section 500 of IPC 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

She is not entitled / eligible for maintenance.  

Yes you can file perjury case against her for misleading court by filing false cases / affidavits ON OATH, you produce all details pertaining to her FD, Salary & purchase of flat and any other proofs which demonstrates her financial capacity and false applications filed by her.

since both of you are Doctors by profession, and going by contents of your post, she is not entitled to maintenance.

You can also file for Defamation against her using the above proofs.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. Unless documents on record are perused it is not possible to formulate any opinion on her eligibility to claim maintenance and whether perjury is made out or not. If it is proved by you that she is self sufficient then you cannot be held liable. However, mere fact that wife is earning is not sufficient to repel her claim to maintenance. The amount earned by her has to be sufficient to enable her to lead the same lifestyle which she led before separation.

2. Defamation case is not made out in the given scenario.

3. If she is earning 90k per month then ordinarily her claim to maintenance does not survive.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1. If you can prove her income which enough to maintain her a standard life then certainly she can not be allowed to get any maintenance order.

2. As regards the other cases, those would be adjudicated on their own merit which has no nexus with the final outcome of her maintenance case.

3. try to obtain as many evidences as you can to show her  earning status.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

No matter how much she is earning as per SC order that husband has to pay maintenance charges to wife. So if you want divorce from her then can go for Mutual Consent Divorce and propeare MoU get both side terms and conditions regarding all properties, movable and immovable distribution, plus personal life interference in the future etc. If She ask a one time lump sum amount pay accordingly your capacity or if you do not want to pay then don't not agree ask her to sign MoU or MCD without any conditions.


Means which truth she is hiding regarding she is earning or has FD's extra. Whatsoever balance amount she has that is not going to defend to your side that not to pay maintenance amount.

 

But you can create a situation that she should ask for Divorce first instead of you. And tell court that you are ready to live with her in matrimonial home. or can file RCR case.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No need. Useless to drag cases. Just prove her income, court will refuse any alimony.

No defamation case made out and about perjury, you can file allication in court to initiate prosecution against her for submitting false information to obtain favourable order.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. With the Court orders that you are holding, the defamation cases by wife, is bound to fail, since it would be found that it is legally non-tenable.

2. Yes. You can file perjury proceedings against wife, with all the relevant documentary evidences and witnesses.

3. You can file private criminal case of Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... , in the local Magistrates court, 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can file an application of u/s 340 crpc for falsely in the court. You can also file defamation case .

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

She is not entitled to maintenance. She is earning as much as you and hence ahe has no right to it. File an application for false allegations and proof against you before the court. Also you can also file a defamation case against her.

If the divorce is pending then try to obtain a decree. If any court grants her maintenance then file a criminal revision.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. No she will not be eligible for maintenance if she is earning enough money to maintain herself. 

2. Yes you can file case against her if she have given wrong statment or false evidence in court regarding her earning.  

3. No need to approach High court at this stage you can file case before metropolitant magistrate.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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