Dv act- mentainance
Rahul F
(Querist) 19 January 2014
This query is : Resolved
A case under DV act is pending in Lower court. However Wife is working as Research Associate and getting fellowship and claiming that she is not employed so grabbing interim maintenance from me... I have files an application under 25 to cancel the interim and stopped paying. However she is playing delaying tactics and asking to pay the arrears first before next proceedings..
1. Can I request court not allow her to withdraw money if I deposit arrears
2. Would she be liable for case of perjury ?
3. Any other suggestion ?
Thanks in advance..
Adv.Aiyer VLV
(Expert) 19 January 2014
Perjury will be considered if in affidavit there is lie.
You need to prove this for court to modify order as well as take cognisance of PERJURY. please look into 2011 8 SCC 249 ramrameshwari devi Vs. Nirmala Devi about perjury.
you need to file an IA to modify order on maintenance and another petition to take note of perjury. you may also file a PCR for perjury in the jurisdictional court and that court can't take cognisance, but this court will alone take cognisance.
your non-remnittance is contempt of court. so do not link that with her lies remit as well as file for IA to modify and perjry
Advocate. Arunagiri
(Expert) 19 January 2014
If you are able to prove that she had given false statement in the court, you can file a petition for perjury.
At the same time you can set aside the order which was obtained fraudulently.
ajay sethi
(Expert) 19 January 2014
as on date there is court for payment of maintenance . pay arrears . you need evidence to show that wife is working as an aresearch associate and getting fellowship. wait for court orders for modification of maintenance amount .
dont file prejury application now .
Rajendra K Goyal
(Expert) 19 January 2014
Non payment of maintenance as per court order may attract contempt provisions.
Sometime fellowship is not considered as employment but is considered as higher studies with payment of stipend. Discuss the position with your lawyer whether the activity is employment or studies and the amount received as stipend is sufficient for maintenance.
R.K Nanda
(Expert) 19 January 2014
agree with experts.
Shonee Kapoor
(Expert) 20 January 2014
1. You can file for perjury, if she was working when she filed the case or even when she got the maintenance.
2. You have already filed the application for change of circumstances, however, you are liable to pay maintenance till the time the said application for change of circumstances was filed. You can offer to deposit the sum in court.
Regards,
Shonee Kapoor
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