Sunil Patil (Engg) 19 June 2011

Dismissal of case under Secn 226

Hello Everyone,

Wife had filed for maintenance saying she is not working and has no income. Proofs of her working by way of her bank account details, RTI feedback and photos has been filed along with IPC 199 r.w Secn 340. She now has stopped attending court after her lies were exposed.

Can I file for dismissal of case under wrongful declartion on purpose to merely harass and extort money from me under Section 226. In case there are any examples of such details, please do send them.

Please advise.

Thanks,

Sachin.

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5 Replies

Tajobsindia (Senior Partner ) 20 June 2011

1. No
2. Have showcause Notice been issued to her on your perjury application ?
3. Have Evidences been recorded from her side prior to filing perjury ?
4. You talking of IPC or CrPC (226 ?)
5. How you are “grievously hurt” in a matrimonial matter by her stating not working !
6. Has there been a award under S. 24 HMA in her favor due to her false statement ?
7. Is she filed Evidence Affidavit to S. 24 HMA reiterotating her no job status / no income status?

Sunil Patil (Engg) 23 June 2011

Hi, Please find feedback and do recommend next steps.

1.
2. Have showcause Notice been issued to her on your perjury application ? Not yet
3. Have Evidences been recorded from her side prior to filing perjury ? Not yet
4. You talking of IPC or CrPC (226 ?) CrPc 226 (In this forum it said Secn 226..so I guess it must be CrPC).
5. How you are “grievously hurt” in a matrimonial matter by her stating not working ! I would probably have to sell everything I have and yet not meet her demands.
6. Has there been a award under S. 24 HMA in her favor due to her false statement ? No not yet, before the matter reached stage I brought up the proofs in front of the court.
7. Is she filed Evidence Affidavit to S. 24 HMA reiterotating her no job status / no income status? Not yet.

Tajobsindia (Senior Partner ) 23 June 2011

@ Author

OK now I got what you are saying.

It is Art. 226 COI not S. 226 CrPC which relates to "grievously hurt". In my opinion you should now press for disposal of S. 340 at same Court either way (means either a showcause notice to her and or dismissal of your S. 340 itself !).

On side dish may I suggest to join ground level meetings of Men's Rights Activists group i.e. SIF (www.saveindianfamily.org) in your city as these could not be discussed effectively in a open forum. Also if you like you may refer to one of my old articles on perjury (S. 340) here in LCI which may help in understanding how it can be serviced.

Sunil Patil (Engg) 23 June 2011

Thanks for the feedback. I leave in Goa where such groups are not available, although I will look again.

If you have any case examples, please do send them.

Thanks.

Sunil Patil (Engg) 26 June 2011

Hello Tajobs,

Need your advice; " press for disposal of S. 340 at same Court either way (means either a showcause notice to her and or dismissal of your S. 340 itself !)"

Do I need to file another application asking for issue of showcause notice or is it good enough of the lawyer tells the judge of this?

Thanks,