alok Raveesh 23 October 2021

Maintenance granted despite false income submitted under ipc

Hello,

I had filed for divorce petition in family court, It has been 5 years now. My estranged wife had file for maintenance where in we were asked to disclose income and assets. In her declaration, she mentioned that she is no longer working and had asked for heavy maintenance.She has lied several times in the court which i managed to bust as well. I did submit proof that she was working before the marriage and is currently working as well.

Following are the documents submitted as proof of her employment :-
1) Bank statement
2) Salary Slips
3) Place where she is currently and previously employed.
4) Other supporting proof.

She is well Qualified as well (Post Graduate)

Declaring false affidavit is a punishable offense under IPC 191 which is punishable up to 7 years or is liable for to fine. This is even signed and agreed by individual declaring.

Despite all this, Judge still passed the decree in her favor for maintenance for INR 10000.

I am confused and surprised with the order.

what course of action should i take from this point ?

Is it advisable to appeal in high court for this decree ?

Please help

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2 Replies

Pradipta Nath (Advocate) 23 October 2021

File two separate case: 1. a private complaint for misrepresentation before the court of law, 2. appeal it before the High Court in case it is not an interim order.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 October 2021

Mere earning is not sufficient

The Hon’ble Supreme Court in the case titled Chaturbhuj vs. Sitabhai has categorically held that merely because the wife earns some amount doesn’t disqualify her to seek maintenance from her husband under section 125 of the CrPc. The litmus test is that whether the amount is sufficient for her to maintain and support herself.