Wife not appearing in mc and scope for prejury
Srini
(Querist) 30 May 2017
This query is : Open
Dear Sir,
good morning
I have approached court for divorce and custody of the child, wife has filed for MC u/s 125 crpc (after divorce petition) but she has never appeared in court MC process and court has issued NFT which is going to happen next monday. In her MC application she has mentioned that she is unemployed but in fact she is working somewhere but i am not sure whether she got the job before or after filing the MC. so far there is no order for Interim maintenance but am paying for the child.
I have filed counter in MC stating she is employed somewhere.(I do not have documents to prove this but sure she is working) and a copy of the MC she has filed before in High Court to transfer divorce /custody petition . she did not even produce high court order before family court to move files to court near to her residence , finally i have done that . is this a contempt of court ?
I would like to pursue the case against her , though her MC may get rejected if she do not turn in the next hearing.
under the above circumstances may I request your feedback on my queries please
1. when the court rejects MC due to other party absence, does that mean my argument -my counter is accepted by the court , can I base that to apply for further legal action
like defamation /or what other case can be filed against her for lying and mentally torturing me and my mother by stating false charges,
2. Do I have opportunity to State before court in next hearing(NFT ) that she is working somewhere and required further examine ?/ asking her bank statement as proof for fund transfer from my side.(paying for the child now too) she has claimed i have not paid anything.(does this apply if she do not appear ? )
3. If her MC gets rejected due to her absence do I have still scope for perjury against her ( but I do not know when she has got job but sure when high court order came she has job.)
4. is perjury is applicable only to her or also against her relatives for conspiring to state false things to get undue advantage.
5. If i gets her employment details before next hearing which is NFT , can I submit the same on the same day of hearing stating perjury (if at all )
if i gets after court dismissing the MC, can I still produce the document and request for perjury ?
7. any other suitable remedy under the law to prevent such kind people harassing people like me
8. Can I seek information from her employer about her employment status , after MC gets rejected is there any legal issue in that.
