In your reply enclose reply received from college that wife is working with them
2) call upon wife to produce income tax returns , bank statements for last 3 years
3) also make application against wife for perjury under section 340 cr pc
False statement regarding employment in wife's maintenance petition
Hi, Wife has filed for maintenance (HMA 125) where she has mentioned that she is just a housewife. Where as she is working as a lecturer at a prestigious govt aided pvt college in my town. Now, I have recieved reply for my RTI from the collage confirming her employment with the college. She is serving there from 7 years but still college has mentioned her employment as temporary. Where as her salary is growing at a compound rate of 8.33% p.a. Is this not a crime to make false statement in her petition in court ? How to suit file this ? Clearly this is a malafide intention. She works in my town but not ready to come to my house. Separated for 3 years and commutes from her parentshome in nearby town. Also she is forcing me to make second home away from my present home. I have aged parents who are getting hospitalized repeatedly. She don't want my parents. Seeing all this my father attempted for suicide coupleofmonthsback. He was in ICU for about 4 weeks and now only he got discharged from hospital. Now, due to family problems and litigations I could not focus on work and ultimately I had exit from my job. She is supposed to take care of my parents and family... She should have stood by my side in crisis. But instead she is harassing me legally. I have loans taken for marriage and house construction. In this COVID pandemic struck economy I am facing very difficult for getting another job also. Father's pension is insufficient for meeting EMIs and family expenditures. I had to sell my car for repaying car loan and bike loan. One thing is sure. Unless we hit back hard they won't go backwards. Feminism has became a menace now a days. How should I fight it back ?
Asked 4 years ago in Family Law
Religion: Hindu
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8 Answers
Law is in favor of woman. The only way you can hit back is by filing divorce against her which is civil proceeding . She can return your hit by filing 798A, domestic violence, she has already filed 125. She can file cases against your parents also. Both of you have to file affidavit of income and asset in Court at that time there will be contradiction in her petition and affidavit and her petition will be dismissed apart from that in matrimonial cases no serious is taken against parties.
1. You shall have to decide as to whether you want to continue with your matrimonial relationship with her or terminate it in view of the stated circumstances.
2. Pressure created on the husband to leave his aged parents and get separated, by the wife has been considered as an act of cruelty by the Apex Court making a ground for seeking decree of divorce.
3. You shall have to contest her 125 case fittingly with the evidence that she is earning which she has suppressed making her application liable to be dismissed.
4. Thereafter you can file the divorce suit on the ground of cruelty as advised above.
If she has filed a sworn affidavit stating that she is unemployed and do not have any source of income, you can after ascertaining the facts from her mouth in cross examination, you can produce the information obtained through RTI act about her employment and nullify her statement as false in respect of her employment status and income.
After that you can file a petition under section 340 cr.p.c. for perjury against her.
Section 125 (4), CrPC states, "No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent."
If a wife asks or forces her husband to leave his parents for money is totally unjust and unacceptable, and can be a ground to file a divorce
If the wife wanted the husband to leave his parents and other family members and get separated from them so that the wife can live independently, Supreme Court observed that the evidence shows that the family was virtually maintained from the income of the husband. It is not a common practice or desirable culture for a Hindu son in India to get separated from the parents upon getting married at the instance of the wife, especially when the son is the only earning member in the family.
A son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old.
Supreme Court also observed that if a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and in this case, we do not find any justifiable reason, except monetary consideration of the wife. The persistent effort of the wife to constrain the husband to be separated from the family would be torturous for the husband and in our opinion, the trial Court was right when it came to the conclusion that this constitutes an act of ‘cruelty’.
Thus this would be a strong reason for divorce on the grounds of cruelty and also ma good reason besides other reasons for refusing to grant her maintenance.
Dear Sir,
You may file Perjury case against her.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further, as per Supreme Court judgment , wife is not entitled to get maintenance , if she lies .
- Since, she has filed the petition after concealing her income , then you can file an application in the said court under section 340 CrPc for lodging an FIR on the ground of false affidavit and information .
- Further, if she is not interested to live with you , then you can take her consent for mutual divorce , otherwise you have grounds for divorce as well.
- Further, if you want to live with her , then file a suit for conjugal rights to get order in your support.
You can contact me through this website , if further details suggestion needed.
Sir,
The first step you should take is to bring the RTI in the eyes of the court so that the court can make changes in the maintenance order as there are changes in your circumstances and also you have an evidence to show changes in your wife's circumstances.
Secondly if your wife has submitted an affidavit stating that she is a housewife then you can file a case of Perjury .
Thirdly if your wife is forcing you to abandon your old parents it amounts to cruelty and is also a ground for divorce , so in case if you want to end your marital ties with her you can file a petition for divorce.
Thank you
yes you can contest the same strongly by a strong counter through your advocate. I agree with your views stated above.
