Cheating case 420
ksy
(Querist) 27 December 2012
This query is : Resolved
my ex wife has filed for maintenance and lower court has ordered 10,000 per month
it was challenged in high court and it also upheld lower court order
but now
my ex is remarried for more than 2 years hence i am not liable to pay
however court says some documentary evidence is to be provided [which i dont have ]
can i a file a
420 cheating and conspiracy complaint against the new husband and his family in local police station for joining hands with my ex wife and inlaws in suppressing the fact of his marriage and allowing her to claim money from me
please advise
Devajyoti Barman
(Expert) 27 December 2012
Ask for affidavit from your wife about her marital status.
If she files false statement then in its basis you can file case of perjury and bigamy against her.
It is true without any proof the court would not give you any relief.
The case of cheating would not lie in this circumstance.
ksy
(Querist) 27 December 2012
can you please tell me how to seek affidavit from her [under what section ]should it be in lower court or high court
since the court hearing is slated next week wherein i have to pay her for all the period due till date from date of filing however she is married for almost 3 years immediately after filing for maintenance
can i get a stay in high court for the same on the grounds of seeking affidavit
Devajyoti Barman
(Expert) 27 December 2012
On the next date you can file petition praying for direction upon your wife to file written affidavit o her status.
You have to do it in the lower court and not in the high court.
ksy
(Querist) 27 December 2012
AS PER THE ABOVE
SHE has filed for recovery of pending amount in both courts higher/lower
however she has not mentioned about her current status about remarriage
is recently filed application recently be sufficient for filing perjury since she has asked for money
please let me know
Devajyoti Barman
(Expert) 28 December 2012
You are already advised enough.
Now do what you think right.
