LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Venkat (Govt. Servant)     10 June 2011

Perjury/125 CrPC

We had our marriage dissolved by mutual consent under 13 B in 2006, the marriage took place in 2004. In our petition, it was mentioned that there would be no liabiliy of past present and future.

After two years, in 2008, I got married. I have a son who is 2.5 yrs old. In 2009, my first wife filed a case in family court under 125 CrPc for maintanenace in which she has stated that I am still her husband and I have dropped at her parents' place and not taking care of her on false and fabricated grounds. She has not even mentioned that she took divorce by mutual consent.  She is still using my surname. She has again filed a case for which I dont know whats the matter as I havent received copy of the petition.  She is constantly harrassing our family. We are very respected in the society, while her family has tainted background.

My question is:

i). Can I file a case for perjury, if yes under what section...?

ii.) Do I need to pay maintenance when I have settled everything while taking divorce by mutual consent under 13 (B) where it is mentioned that there won't be any liability of past, present or future.

Please help us.



Learning

 1 Replies

Tajobsindia (Senior Partner )     11 June 2011

@ Author

1.
What she has done is that she has remained un-married from last two years and now claiming under "change in circumstances" such as price rise index, medical needs, inflation etc.


2. A criminal maintenance can never be subsisted as the maint. is a STATE issue and not between husband and wife so far as S. 125 CrPC and or DV Act is concerned.


3. Now what will happen is that she will go on for Appeal if case is dismissed at lower Court and one of the Aappellate court will re-open the earlier settled case on para 1 grounds and make you cough little more as full and final settlement. There are handful of such re-openning of cases by SC as well as few HC's and some I have already posted nearly 5 months back here. 


This is also the reason I have been saying here come what may never compromise with your wife when a maint. case on floor of a court and let years pass till a Court finally decides a crl. maint. case instituted by a wife. But people forget and in a hurry settle their cases and now these query comes up.


The remedy is to contest the case and since you are now re-married your second wife Court will protect.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register