Perjury in dv interim maintenance
Never Give Up
(Querist) 21 May 2012
This query is : Resolved
Hello Experts,
Wife lied in application of Interim maintenance 23(2) under DV that she is unemployed and not earning. We have her ITR showing some income.
We have to file written response (first) now. Can we file perjury application along with written reply of DV petition ? Can interim maintenance application denied on this sole ground ?
Please suggest.
M.Sheik Mohammed Ali
(Expert) 21 May 2012
i hope that its not possible, and its depends upon the evidence, the court may decided.
SAINATH DEVALLA
(Expert) 21 May 2012
You have mentioned some income in her ITR.Esatablish what kind of income it is.If you wish to file a PA,the authenticity of the income should be established.
Shonee Kapoor
(Expert) 22 May 2012
Income is income.
It has to be seen from her statements, whether perjury is made out or not.
If she has just mentioned that she is not gainfully employed, then no perjury. However, if she has mentioned that she has no source of income, she is liable for perjury.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Never Give Up
(Querist) 22 May 2012
Thank you Experts.
She has mentioned there is no source of income for her.
sibasish pattanayak
(Expert) 23 May 2012
hi,
you have to go to the evidence first , during the course of evidence she again depose he statement on oath before the court , and at the time of cross exam. very tact fully all your qs to put on her mouth and on reply she shd depose the false statements , then you have to show her the ITR of your better half and to mark that as EXBT.
After the entire course of trial/enquiry, the judge will pass order , then you file 340 case , even if the Ld, court also start a case against her.
regards ,
sibasish pattanayak, Advocate.
09874854594 / 09874080022./09477090999.
write to : sibasish_adv@yahoo.co.in
sibasishpattanayak@snslegal.in
sibasish pattanayak
(Expert) 23 May 2012
other wise you can file an application u/s. 25 of P.W.D.V.ACT 2005 before the same court with a prayer for modification of order , showing your dox. or you have to file An APPEAL U/S. 29 OF P.W.D.V.ACT 2005 , before the LD DISTRICT JUDGE WITH A PRAYER FOR SET ASIDE THE ORDER.
regards,
Sibasish pattanayak,Advocate.
