Rakesh Sharma 16 November 2016

Can rejoinder be filled in 340

My ex filled an application under HMA 24 for pendente lite with affidavite that she is currently not employed as on 16 th april 2016 and her last Job got terminated, but as I was aware of the real picture that she changed the Job for higer Saalry. I moved an application u/s 340 with Her New salary account statement and certified statement of Bank Manager whom I called as DW in my 498A where in salary is getting credited month on onth from Feb 2016 and it was put for reply for respondent, Respondent filled the reply with defence with agrreemnt that she is doing job but but she is on probation for 1 year and Job is not permanant and that cannot be consider as Independent Source of Income.

Need help with two Legal Points

1) Can I file Rejoinder to her reply received under 340? Is Yes then what Legal Provision / Point allows me for that as application is under 340 which is crpc.

2) As all new Jobs are on Probabtion for Year does it really make a defence of not disclosing the same in HMA 24 and in affidavite.

Reply Follow

2 Replies

Pawan S (Advocate) 16 November 2016

1. Rejoinder to their reply can be filed. Reiterate the averments made in the application with more emphasis in relation to the facts of the case.

2. No, Their reply is not convincing.

The main ingredient of 24 HMA is “Spouse can ask for the Maintenance if he/she has no independent income sufficient for her or his support and the necessary expenses of the proceeding".

The wife is earning (no matter whether she is on probation or permanent). She is not entitled for the maintenance, as long as you are able to prove that what she is earning is enough for her livelihood.

Advocate Bhartesh goyal (advocate) 16 November 2016

(1) Rejoinder to reply of petition filed under sec 340 of Cr.P.C can't be filed.there is no such provision. (2) if earning of wife is not sufficient for her livelihood then also she can claim maintenance.