Wife mentioned in complaint of DVC and 498 that I harressed her to sell the 5 acers of agricultural land and get that money and give it to me. Question:What if I can prove that she don't have any 5 acers of agricultural land.Since they kept false case, If i prove this wht will be the punishment for this kind of false statement give by her?
If you prove her to be wrong, you can get the case dismissed in your favor, after that you can file a perjury case against her.
Question:I heard of some law where a person who is working so long and suddently quite the job will not be getting intem-maintanance? is there any kinda of section? In DVC complaint she mentioned that she will work in future.
You have rightly heard that she cannot sit idle for the purpose of claiming maintenance.
In an appeal in a family court in Delhi, the court observed thus
It is also the admitted fact on record that appellant had been working
regularly prior to her marriage and had also even worked for about one month after
her marriage. However, she had tried to cover up her subsequent unemployment
by making vague pleas that her place of employment was far off from her residence
and the alleged objections raised by her parents in law, who wanted her to be back
at home within a reasonable time. It is the settled proposition of law as it exists as on date, that a woman
capable of being earning, if she voluntarily chooses not to engage herself into a
gainful employment then she cannot claim maintenance from her husband.
However, in the given set of facts and circumstances of the case and
especially when no cogent reason has been furnished by the appellant before the
Ld. Trial Court for her nontaking up an employment after her marriage either at
her matrimonial home or at parental home, where she is stated to be residing since
17.12.2013 after having allegedly being thrown out of her matrimonial home by
the Respondent herein, I do not find any illegality or infirmity in the impugned
order as passed by the Ld. MM, which was based purely upon the factual contents
of the respective affidavits of the parties, whereby the Ld. MM had denied and
declined to award an interim maintenance to the appellant no. 1.
In another case where court dismissed petition for interim maintenance observed as follows:
While deciding interim maintenance following parameters are taken into consideration and (i) they are the income of husband, (ii) the income of wife, (iii) the liability of husband, (iv) liability of wife, (v) life style of parties, (vi) the living standard of parties, (vii) any order of maintenance passed in other proceedings, (viii) dependants upon husband, (ix) dependants upon wife, (x) the needs of wife etc. These are the parameters, which Court needs to take into consideration while deciding the issue of interim maintenance.
My attention was drawn to para No. 14, page No. 14 of the said Order, where the Session Judge has observed that in her application she has not stated what are her needs and for what purpose she requires the amount of Rs. 50,000/
The Ld. Session Judge is also observed in para No. 19 that wife has not come to the Court with the clean hands and has not disclosed her income in all her fairness.
The provision of interim maintenance is made for those women who are unable to maintain themselves. The said provision is not for such litigation who are fighting luxurious litigation. The maintenance is for sustaining and not for luxury. Maintenance is for keeping body and soul together. I do not think application has merit, therefore application need to be rejected.
Likewise there are plenty of judgment rejecting the interim maintenance on the grounds similar to your situation.