• Filed 340 against false MC case

Currently in divorce proceedings, we separated seven years ago following a failed Mutual Divorce. I gifted her a flat as part of the Mutual Divorce agreement. She filed for maintenance (MC), seeking an exorbitant amount for herself and our 16-year-old son, asserting dependence on her brother and claiming zero income. Despite leaving her job in 2019, she initiated a company the same year.

All relevant information about the company she manages, including her photo as the director, home address, and phone numbers, is accessible on the internet and the company website. I discovered registered company information on multiple sites under her name. With assistance, I obtained bank statements, revealing her involvement with four banks and substantial transactions running into crores. Subsequently, we filed a 340 case.

In her counter for the 340 case, she attributes the company to her brother while there is no evidence of her brother name anywhere, denying income, salary, and asserting full dependency on brother. While acknowledging her role as a director in the counter, she declares zero income in the maintenance portion.

The evidence collected includes the company's website displaying her name, photo, phone, and address. LinkedIn profiles, company balance sheets, and documents from five active bank accounts (collected from fiends help, can’t present in court) all under her name, no mention of her brother.

Please guide me on the most effective course of action to establish her culpability and avoid any maintenance (MC) or divorce alimony payments. Additionally, considering I've already gifted her a flat, what is the final alimony required per Indian law?
Asked 3 months ago in Family Law
Religion: Hindu

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7 Answers

Dear client,

In your case, compile all the paperwork that shows her active participation in the business and its financial dealings, such as bank statements, LinkedIn profiles, and the company's website. In India, alimony is decided by taking into account both couples' financial circumstances under Section 24 of the Hindu Marriage Act. Courts take into account things like assets, income, and debts. If there is evidence against her claims of having no income, diligently bring it in court to refute her statements. To understand Section 340 of the Criminal Procedure Code, which addresses the inquiry or trial process for contempt, speak with a legal professional.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
8889 Answers
110 Consultations

4.7 on 5.0

Make application in family court calling upon wife to produce her income tax returns for last 5 years ,her bank statements,her list of investments 

 

2) court will not award her any alimony or maintenance as she is working and highly qualified 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

- As per law, in case the wife is equally capable to work and sustain herself then she is not entitled to claim maintenance from her husband.

- Further , as per Supreme Court , wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances.

- Further, the Supreme Court in the matter of Dalip Singh Vs. Respondent: State of U.P. and Ors held that , Wife is not entitled to get maintenance, if she lies 

- Since, you have already filed an application under section 340 CrPc for lodging an FIR against her lie /false affidavit in the family court, then she is bound to produce the documents to nullify your claim

- You should submit all those evidences of LinkedIn etc. before the court. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

First of all you should establish her income derived out of the company's business with substantial evidence  failing which you will not be able to conduct the perjury case properly against her. 

Residential house without any rental income cannot be treated as a source of income. 

Thus as far as the maintenance case is concerned she is also equally liable to file the affidavit declaring her assets and liabilities  and it can be taken up during trial proceedings. 

T Kalaiselvan
Advocate, Vellore
84935 Answers
2197 Consultations

5.0 on 5.0

You can plan out of court based on the evidence on record with your otherwise contest the case based on your evidence against her to avoid paying or paying less maintenance 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Contest hr MC on the basis of the proofs you have to show her business or income.

Evidences are in favour and hence she is unlikely to get any maintenance for herself.

Contest the MC on merit.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Your remedy is to use all the  evidence documentary and other against her. There is no shortcut. Even evidence  obtained illegally is admissible in Court. You can get all the  cases/complaints file by her dismissed and send her to jail for filing false affidavits and complaints.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

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