• Maintenance

Sir
I got married in 2007 and have a daughter in 2009. From 2013 we start living separately, daughter use to live with her. In 2015 we filled mutual divorce in bokaro court which was dismiss because she doesn't come to the court after filling the case . Later in 2015 June I received a maintenance case notice from dhanbad court where she has filed a maintenance case under 125 , 498a case and dv case . In each case she has admitted under her affidivit that she used to live in dhanbad with her relatives. but she use to live in bokaro with her parents from birth till 2015 march. she used to teach in delhi public school from 2012 to 2015 march , then from april 2015 to oct 2015 in DAV public school kahalgaon , bhagalpur , bihar and from june 2016 to till date in DPS school gaya , bihar . I had sufficent proof of her job . can i file a criminal case against her for telling lie in court.
Asked 8 years ago in Family Law
Religion: Hindu

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12 Answers

you can file application under section 340 crpc read with section 191, 192,193 of IPC against wife for making false statement on oath

2)the statement made on oath by the applicant being false, which fact she knew to be false on the date of swearing, therefore, would tantamount to giving false evidence in a judicial proceeding defined under Section 191/192 IPC, which is punishable under Section 193 IPC

3) Section 191 and 192 deal with perjury and filing of false affidavit in pleadings would be covered under Section 191. Section 191 deals with evidence on oath and Section 192 with fabricating false affidavits; the offence under Section 191 IPC is constituted by swearing falsely when one is bound by oath to state the truth because a declaration made under an oath. The definition of the offence of giving false evidence thus applies to the affidavits. The offence may also fall within Section 192 which, inter alia, lays down that a person is said to fabricate false evidence if he makes a document containing a false statement intending that such false statement may appear in evidence in a judicial proceeding and so appearing in evidence may cause any person who, in such proceedings is to form an opinion upon the evidence to entertain an erroneous opinion touching any point material to the result of such proceedings. Therefore, where declarations in affidavits which were tendered in the Court to be taken into consideration, the authors of the affidavit clearly intended the statement to appear in evidence in a judicial proceedings and so appearing, to cause the Court to entertain an erroneous opinion regarding the compromise, therefore, the offence would fall within Section 191, 192 which is punishable under Section 193 IPC, therefore, it was held that the authors of the affidavits were guilty of offence of giving false evidence or fabricating false evidence for the purpose of being used in judicial proceedings. (Refer: Baban Singh and another vs. Jagdish Singh and others (AIR 1967 68).

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. To make flase statments in court under oath is a criminal case for which perjury proceeding can be intiated.

2.So if you have documentary proof of her false statements you can file an application u/s 340 crpc .

3. once the court is satisfied with your proof it can send the same to magistrate's court for taking cognizance of the case.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

File an application for perjury because she has lied before the Court on oath and you've sufficient proof to belie her false statements. This application will be filed under s. 340 CRPC in the same court before which she has lied.

File 340 applications in both maintenance and dv case.

You are not liable to maintain her if she is the one who has deserted you without any cause. In any case, if she is working and earning sufficiently well, you chances not to maintain her are even better.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. What lie did she tell before the Court while filing the maintenance case? You are yet to mention that.

2 Has she mentioned under affidavit that she is unemployed while she is in employment?

3. If that is so, then contest her maintenance application fittingly on the ground that she, being employed, is capable of maintaining her ownself for which she is not entitled to any maintenance from her husband.

4. If she submits that presently she is not employed, then you should take the stand that she being highly qualified, ism capable or earning to maintain herself which disentitles her in claiming maintenance from her husband..

5. Ordinarily, Court does not take such false statements in claiming maintenance seriously for which your filing a criminal case against her on the stated issue may not see the desired result.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1)since 498A case been lodged against you it is in your interest to contest the case on merits

2) apply for and obtain AB from sessions court

3) if your wife has made false statement on oath you can file application under section 340 cr pc as advised earlier

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. Anticipatory bail is granted by the sessions or high court and not the magistrate court. So your mother can apply from the higher court or on surrender seek bail from the same court.it will be allowed.

2.mere falsity as regards stay on one city or not is not incriminating.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. The same Judge has been directed by the higher court to accept the 498A charge. So, his order has been superseded by the order passed by his superior court. He shall have to hear the matter and you shall have to file the AB petition before him. Actually,you should have challenged the order passed by the CJM before the High Court.

2. You can file a police complaint u/s211 of IPC under copy to local S.P. alleging that she has lodged false complaint giving false statements of her place of residence knowing very well that the same is untrue, for the purpose of causing damage to you and your family members.

3. If police refuses to act, then file a Writ Petition before the High Court, against police inaction seeking relief and justice.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The maintenance case can be filed by the wife where she resides.

2. If you have evidence to prove that she is working and earning sufficiently on her own then you can repel her claim to maintenance.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. If FIR under 498A has been lodged then apply for and obtain anticipatory bail lest your profile is tainted with arrest.

2. Bail has to be applied in the Sessions Court under 438 Cr.P.C, not CJM.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. challenge the summoning order issued in 498a case in the high court and seek stay on proceedings or atleast a stay on arrest. There are a number of Supreme Court rulings in your favour.

2. Since she has committed an act of perjury by making false depositions on oath, move an application before all the Courts where she has made false statements on oath.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

In your counter to her maintenance case, you can file the details of her employment and the salary particulars.

After that during cross examination, yo can extract the details from her mouth about her employment and the salary income by producing the documentary evidences before her during the said trial proceedings.

Then argue the matter before the court to convince the court to dismiss her maintenance application.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. You can mention the reasons for rejection of 498a twice by the court while seeking AB and convince court for the same.

2. You cannot file any criminal case but you can challenge all her cases on the basis of jurisdictions too.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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