Hi Friends,
My estranged wife filed Domestic Violence (DV) case in July 2010. She didn’t give any allegation in her petition and said that DV application is being filed for “Retrieval of Stridhan and grant of Maintenance”. She filed a Rejoinder to her DV application in October 2010. In her rejoinder she had written several times that “she is not working anywhere and she has no means of earning her lively hood”. Our arguments for interim maintenance in DV happened and she was awarded interim maintenance of about Rs. 3000/- p.m on 28th October 2010. At that time I wasn’t aware where she was working and so wasn’t able to produce documented proofs of her employment. She then gave her statement on Oath in her DV case a month later in November 2010 where in the column of Profession she mentions “Nothing”. Then her cross examination starts in DV in the month of May 2012 and she answers only a few ques. after which she takes adjournment - where she mentions her Profession as “Doing L.L.B.”
About in April 2012 I got to know the place (read private school) where she was working as a teacher. Lately in October 2013 after much deliberations I have the written documented proofs from the school. The proofs have all the information when, where she was working, all her salary details, etc. Now on digging deeper through the documents which we received from school we got to know that when she filed her rejoinder and said all false stuff (like she is not working and does not have any means of earning her livelihood) she had given her consent to the school that she would be joining later in the week in the same month when she filed her rejoinder. Also the month the interim order was given that month she had started receiving salary from her school. This means that she was aware that she had received the offer letter from the school and she had started working in the month of October 2010 and she started receiving salary from October 2010 month itself.
This way she has stated false statements on 3 occasions in her DV case:
1) Rejoinder (which she filed in October 2010) - where she has said that she is not working and she has no means of earning her lively hood. I have all the written documented proofs (salary statement and salary slips) directly from the school which would prove that she started receiving salary from October 2010 itself the month she filed her rejoinder.
2) On Oath statement in DV (which she gave in the month of November 2010) - wherein she states in her profession column as “Nothing”. I have her salary slip from the school of November 2010 which would clearly expose her lies.
3) Cross Examination - (which she gave in the month of May 2012) - wherein she states in the column of progression as “Doing L.L.B.” while actually she was working as a teacher in a private school. Again her salary slip would prove this.
My Queries:
1) I wish to get her DV case dismissed. Reason : If the petitioner can give false statements at 3 places (Rejoinder, On Oath, Cross Examination) then would she have stated truth in her petition?. Her petition deserves to be dismissed outright. DV case is currently going on in District (read Trial) court. Where would I need to file this petition in Trial Court Or in High Court AND under which section? Please guide.
2) In understand that its a fit case of filing section 340 crpc together with 420. I would be doing the same.
3) I already paid her interim maintenance which was ordered in the month of October 2010 for about 12 month totalling about 12* 3000/ - == Rs. 36,000/- Since this money and the order was based on false facts can I file a recovery suite to recover the amount from her ? If YES under which section if NO then why not? I now this might not be tried by many of us and it might be just a dream to recover money from her but I see logic in this so want to go for it.
Please help me and guide me as I do not have many people to fall back on. Appearing as Party in Person (PIP) for many of my case in Family, Session and High Courts.
Thanks and Regards,
Sid
