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Vibitha Mercy   18 January 2019

False allegations on wife

If a man who has sought court for a divorce with all false allegations on his wife and if the wife is not willing to agree for the divorce, 1. How long will it take for him to give the monthly (interim maintenance) to her and their kid? It's been 9 months the case has been filed by the husband. Lol adalat is over and the next is mediation. 2. Husband works for a foreign company with a great income and wife has no proof about his salary as she is now separated. How can the wife claim her interim maintenance for her and the child? He has pulled one of her ex-colleagues into the picture and to get a divorce, he falsely portrays that his wife had a secret affair with him. He also has mentioned falsely that their child is no more his and it is of his wife's and her ex-colleague's. 1. For a DNA test, will the husband and the child be tested or the ex-colleague and the child be tested? 2.Now what will be the consequences faced by the husband when the court comes to know that he has falsely pictured her wife as an immoral woman? 3. Is there any penalty or imprisonment that the husband has to face for falsely dragging her ex-colleague into the situation and ruining his reputation? 4. What is the consequence that the husband has to face if a DNA test was done and proved that the child is theirs and the husband has given a false allegation on his wife?


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 2 Replies

SOLOMON.RAJ (advocate/director)     20 January 2019

Miss Vinitha Mercy

This is not the first case we see that some husbands drag the wives colleagues into the case by stating they have an illegal affair hence courts will not be surprised.

Firstly the court has the power to summon the salary certificate of the husband and hence you can prove his income

You and your child are definitely entitled for maintenance provided, both of you file a petition before the concerned jurisdictional magistrate under section 125 of criminal procedure code.

DNA after being established that the child is fathered by the husband ,the third person and the wife have a right to file a criminal case for defamation and claim compensation to the tune of One crore rupees or so based on the greviousness of defamation and trauma faced.

Yes the husband can be punished under the criminal"procedure code where the family court should take note and forward it to a criminal"court to take cognizance

SOLOMON.RAJ (advocate/director)     20 January 2019

the complainant who is the wife shestill retains the right to file a case at any given point of time if the differences arise between both .Hence it is suggested that you contest the case.

Solomon Raj
Advocate High Coutts of AP &TS
Bharat Gaurav Samman Awardee
email:justiceleague 367 @Yahoo.com
Rajcarey@yahoo.com
Ph:9866545086

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