arjun kumar (student) 07 November 2011

False claims by husband in a maintenance suit

Hello!

In the course of a maintenance suit, the husband vide an affidavit alleges and falsely claims that the wife is living in an adulterous relationship with another man.

1) Can a police complaint be filed for the same?

2) What other legal action can the lady take against the husband?

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6 Replies

sridhar pasumarthy (ADVOCATE) 07 November 2011

Dear Ajun,

It's a repeated query. I have already answered your query.

(Guest)

Many queries are repeated. Reframing is another matter but repetition gets any lawyer wasting his/her time on a closed issue/matter.

Rajeev Kumar (Lawyer/Advocate) 07 November 2011

1) Yes, you can lodge a complaint aginst your husband for the making false statement, defamation and outraging the modesty under different setions of IPC before police or the respective court with witnesses. One other thing is to prove these complaint. The most improtant thing is that how your husband will prove adulterous relation with any other person.It is hard to prove. 2) you can also lodge an FIR u/s 498A of IPC and DV Act.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 07 November 2011

If wife alleges baselessly that husband is having affair with someone can husband take action against her and under which sections.She and her mother said this to their own relatives who went for amicable settlement.