1 My wife had filed case on 21/12/2021 at one of Family Courts in Haryana(at her parents home city) but she was living with me in Delhi at my rented accommodation at that time(on the date of case filing) Actually my wife was living with me from 2011(Marriage year) to April, 2022 in Delhi(Rented Accommodation) My parents and elder brother live in Haryana at different city but My elder brother had worked in UP and Delhi/NCR during 2011 to 2024(Till date) 2 During my wife's cross examination in September,2024 she had admitted that she is living in her parents house since April,2022 instead of from date of case filing that is 21/12/2021 whereas in her petition she had mentioned that she was living in her parents home along with my children since 21/11/2021(Date of case filing) Question- Whether my wife had done any perjury in this case and whether I can sue my wife for wrong statement in her petition which differs from her cross examination statement. During my wife's cross examination she had admitted that she had never made any complaint and not filed any court case against me till 2021 in Delhi while her stay with me in Delhi at my rented accommodation. Question- Whether I can take any ground for the same for why my wife had filed the false maintenance case against me in Haryana at her parents home city on 21/12/2021 instead of in Delhi since she was living in Delhi on date of case filing. My wife had mentioned that she does not know any date and time for any domestic violence done by me and my family members, it means all her allegations are vague allegations. Question - Whether this will help me in any way in my wife's maintenance case. My wife is doing private job in her parents home city since 2022 after filing of maintenance case u/s 125 CrPC on 21/12/202 at her parents home city but she is denying doing any job there and I have proofs of her employer name and address and even her employer's letter in which my wife's name is mentioned and even her employer has signed and stamped that letter and my wife had affixed that letter as her DP in her WhatsApp number. Judge told me to file application to call her employer for showing her employment proof. Question- Firstly I have made one application in the family court and requested the court to direct my wife to show her salary slip, salary account bank statement, her Pan Card and Form 16, if she denies then I will move one more application in the court for the direction to her employer to submit my wife's salary slip, joining letter and Form 16 What other remedy I have and whether I can sue my wife when I prove that my wife is working and she had lied in her income affidavit and in her cross examination statement. Question I have photo proofs and my son's school attendance sheet and school fee records that my both of the sons were studying in Delhi till April,2022 whereas my wife is saying they were living in Haryan since 21/12/2021, What is the remedy for me in this case.
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
Wife has made false statement on oath. It amounts to perjury
2) you can take the plea that maintenance case should have been filed in city wherein wife was residing at time of filing of maintenance case
3) it will not help you in maintenance case as you have to pay her maintenance if she is unable to maintain herself
4) if wife has misled the court and has been working she is not entitled to any maintenance.
5) petitioner who comes to court with un clean hands is not entitled to any reliefs
If your wife is proved to have given false statement on oath before court then it can be considered as an act of perjury.
If she's found to have suppressed her employment and salary income and if you prove that then she may not be eligible for maintenance.
You can strongly argue that she has approached court with unclean hands by suppressing the vital facts and played fraud on court for wrongful gains of ineligible maintenance and get her case dismissed.
1. Perjury in India is not an remedy which is often entertained by court. the leniency of the court towards litigants including impleaded admission that most of the allegations are frivolous , cases under perjury often does not succeed. Though there is no harm in trying for the same, it is unlikely to give positive results.
2. The petitioner is maintenance case being the ' dominant litus', mere mismatch in her evidence as regards her residence would ot damages her case.
3. Summons her employee then forcing her to bring records against merit of her case.
4. If you file case for perjury then these would help you.
I have photos proof of my wife celebrating Republic Day, Independence Day and other photos with her employer and other employee staff with her employer's company name in the background and even one of the photo shows she is wearing employee ID in her neck which she had uploaded in her Social media accounts, i.e. Facebook, Instagram, WhatsApp DP photos but she is denying all these photos and saying all these photos are edited by me. Wnat is the remedy for me in this and how I can use these photos as evidence against my wife, so that family court can consider these as an evidence in my wife's maintenance case filed u/s 125 CrPC My wife has admitted in her cross examination that she is living in her parents home in Haryana since April, 2022 whereas her date of case filing u/s 125 CrPC is 21/12/2021. Question - Whether I can request court to consider maintenance charges from April,2022 instead of from the date of case filing-21/12/2021 My wife has admitted my son's in school in Haryana in October,2022 whereas my sons were already admitted in one of the School in Delhi in April,2022 and she has without any cause deliberately taken her from Delhi in April,2022 to her parents home in Haryana. Question - Whether I can request court to not to consider maintenance for my both of the children from date of case filing-21/12/2021 to September,2022 or what exactly I should argue in the court. Question - Whether I can argue my case based on jurisdictional issue since on the date of case filing my wife was residing with my Delhi in my rented accommodation instead of Haryana where my wife had filed the case ? My wife has filed false 498A case as well against me in March,2024. Question - Whether I can use my wife's cross examination statement in her maintenance case filed u/s 125 CrPC in which she has accepted that she does not remember any dates of cruelty done against her by me and by my other family members, which shows her allegations are vague and without any proof
Take the plea that these photos were uploaded by wife in her Facebook and other accounts
2) maintenance-if any would be awarded from date of application made by wife
3) you can take the plea that wife allegations are vague and devoid of particulars
If she refuses to admit the photos or any other type social media evidence calling them as fake or fabricated then the court will not permit you to mark them as exhibits, in that case you have no other option than to summon the employment details by sending a notice to her employer through court to establish your case.
The maintenance orders is always passed from the date of application. You first prove that she is employed hence not eligible for maintenance.
As far as the jurisdiction is concerned she can claim maintenance for the period she was living with you in the same house also or she might state that since she went to her parents house after dispute with you hence filed the case from that place but subsequently she came and live in your house for a short period. Therefore that will not be a very good ground to deny the maintenance to her, however you can state that she has not approached the court with clean hands and is full of lies and false allegations. The case is based on your strong arguments and merits.
- Since, she has contradicted her statement before the Court , hence you can file an application before the same Court under section 340 CrPc for giving false statement and mislead the Court.
- Further, As per Supreme Court , Wife is not entitled to get maintenance, if she lies.
- If you should arranged the proof of her earlier job & recently appointment /source of income , then you can file an application under section 340 CrPc for lodging an FIR against her lie /false affidavit in the family court.
