Crpc 125 maintenance, saptpadi and a false statmnt in court

Dear Sameer,

In that case the wife has committed perjury (lied on oath) a 340 application would lie, wherein after a preliminary enquiry court may order penal action against her. 

However having said that - it would not necessarily defeat her 125 claim for the reason that for purposes of 125 marriage is not construed very strictly and she would not be asked to prove marriage. If you disprove Saptapadi though - it is a case of no marriage and she won't be entitled in 125 CrPC, but the burden lies on you. 

(The above is the crux of variety of judgments on the point including Pyla Mutyalamma/Savita Somabhai/Rameshchandra Ram Pratap Daga) 

Advocate Bharat Chugh

Law for the Layman - www.bharatchugh.wordpress.com, www.advocatebharatchugh.wordpress.com,                        Like us on face book :- www.facebook.com/advocatebharatchughonthelawsofindia

hello,

saptpadi is one of the essential requirement to marry as per hindu law.

if your wife is denying that then it means that marriage is unlawful.

when marriage is unlawful then she is not entitled to maintenance.

regards-

rahul.gogreen@gmail.com