• 340/ cases and CrPC 125 other

Hello I forgot question did forgot to say have an340 cases against her as she lied crpc 125 she lied in court a injunction case as she threatens me in my property 2 police complaint as she threaten my brother rape case and stole my bike she has said sorry in police station marriage was based on NRIs fraud and lied she admitted and have all her records to her lies all cases run Inda court divorce granted on fraud with my 340 run same family court and crpc 125 other and police complaint would she get maintenance and why’s as she lied fraud please let me know
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

1. 340 Cr.P.C. application will be decided on merits.

2. If she is threatening anyone with false cases then that person can get a FIR lodged against her under Section 389 IPC.

3. Right to claim maintenance subsists in a woman even after dissolution of marriage.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If wife has lied about her income and there is not much difference in your income wife would not be entitled to maintenance 

 

2) merely because she has lied about other issues would not disentitle wife to maintenance 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Mere filing of FIR does not disentitle wife to maintenance 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

An application has been moved by you inder s.340 for lying on oath. That is good. The court can deny her maintenance in case she is lying.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The court can order the police to register an fir if it is proved that she lied.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Querist

For the maintenance case, if she is unable to maintain herself then you have to pay the maintenance even if the marriage is voidable due to fraud. section 340 of Cr.P.C. will help you prosecute her but not in the maintenance case, in a maintenance case you have to prove her income and capability of earning.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

If you have filed the 340 crpc petition then pursue with this.

This proceeding though has no nexus with the merit of the divorce suit 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Sir,

1) The wife will be entitled to get maintenance under sec 125 Crpc if she is not working, and even if she is working there is huge difference between your and her income.

2) A 340 crpc case, fraud or FIR will not have effect on right of wife to claim maintenance.

3) To avoid/reduce quantum of maintenance you will have to provide proof of her employment or income.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Maintenance case will be decided on the basis of the documentary evidences provided before court as well as on merits of the cse plus the court will hear arguments for and against by both the sides before a decision is pronounced. 

The 340 cr.p.c. filed against her and the other legal facts may be included in your final  arguments before the court conducting the maintenance case.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The police cases filed against her are different subjects which may or may not impact and become a hurdle to her maintenance case.

It depends on how effectively you utilise the situation in your favor to get her maintenance case dismissed on merits that you rely upon.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- As per Supreme Court , wife is not entitled to get maintenance, if she lies 

- Further , if you having proof against her lie , then you can move an application under section 340 CrPc for lodging an FIR against her lie /false affidavit in the court. 

- Since, you have already filed the said application , then you should submit the proof against her before the court and thereby prayed for filing FIR against her. 

- Further, you can also move an application before the said court for rejecting her application for maintenance on this ground as well. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If she has lied on oath about her income then she will not get maintenance. Otherwise her 340 crpc will be considered on merits and maintenance application will be separately decided

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

-   Right of woman to claim maintenance still exists even after divorce.
She can continue to claim it.

 

-   But the court decision on divorce for her fault can go against her.
She lied about her incomes will also go against her for maintenance.
you make application in same court to reject her maintenance application for lying on oath.

 

-   Your 340 Cr.P.C. application for lying on oath is separate which will be for prosecute her, to get her punished.
Maintenance will be decided on merits, income difference divorce decision and her lying as well.

 

-   You and your brother should file FIR for threatening with false case.

Ankur Goel
Advocate, Bangalore
454 Answers

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