Court should not have granted any maintenance to wife
she has not come to court with clean hands and is bot entitled to any relief
3) week fe has committed perjury as she has made false statement on oath
Advice needed in a family case under CrPC Section 125 and 340
Case Summary: Dear lawyers, I would like to seek advice on behalf of my friend (husband) who is facing family court case as below. Kindly help. Thank you. Parties Involved: 1. Wife (Petitioner in Section 125) 2. Husband. (Complainant in Section 340) CASE: A. Case filed and Order 1. Year 2017: Wife filed a case under Section 125 of the Criminal Procedure Code (CrPC) seeking maintenance for herself and their two children. 2. Wife claimed she had no source of income and was living in poverty with their children. She alleged the husband's income was ₹90,000 per month and demanded ₹30,000 as maintenance. 3. April 2024: Interim Maintenance Order: During proceedings, the family court ordered interim maintenance of ₹10,000 per month, comprising ₹6,000 for the wife and ₹2,000 each for the two children. B. Evidence Presented by Husband: 1. Husband discovered and submitted evidence in court proving the wife was employed as a Madrasa Shikshak (teacher) and received her salary through the district treasury. 2. Husband also submitted proof in court that the wife was receiving a handicapped pension from the Jila Vikas Office (which she got after showing a lesser income.) 3. During cross-examination, the wife admitted to both sources of income. 4. The husband later obtained information that the wife worked as a Hostel Warden at in a Medical College of UP. 5. During cross-examination in court, Wife admitted to working as Warden capacity as well. C. Husband Files - Section 340 CrPC Case (2020): 1. Based on discrepancies in the wife’s affidavits and court submissions, husband filed an application under Section 340 CrPC, alleging perjury and misrepresentation. 2. The family court accepted the husband's application for hearing. Major Concern is: Court's Decision on Maintenance (April 2024): Despite evidence of the wife’s income and pending Section 340 CrPC proceedings, the family court ruled under Section 125 CrPC, ordering the husband to pay ₹14,000 per month as maintenance, effective from the date of the wife’s application. Notice has also been issued for the same. D. High Court Appeal (May 2024): The husband challenged the family court’s decision in the High Court, filing a revision petition where husband has argued that 1. the Section 340 CrPC application, which addresses the wife’s alleged perjury and false claims, should have been disposed of before deciding on the Section 125 CrPC maintenance order. 2. Case Status (June 2024): The Section 125 CrPC revision petition is pending before the High Court. 3. The husband awaits the resolution of his Section 340 CrPC application in the family court, which he asserts is pivotal to the Section 125 case. Legal Help Needed on below Key Issues: 1. The wife's conflicting claims in court regarding her income and financial status. What should be the right way 2. Whether the family court erred in passing a Section 125
Asked 16 days ago in Family Law
Religion: Muslim
12 Answers
On discovering the fact of concealment by wife of her income, husband should have to file application for modification of order passed in 125 proceeding. Familly court has not erred in paasing order as at the revelation about income of wife were unearthed only after passing of order. Argument of husband in high court is on wring track. 340 proceeding is seperate and distinct and yas nothing to do with 125 proceeding.
Order passed by family Court is not sustainable on the admitted facts by wife. Children are entitled for maintenance that was computed at Rs. 4k. Section 340 application should have been decided first. You have a good case.
Advice on CrPC Section 125 and 340 Case
Key Issues & Guidance
1. Wife's Conflicting Claims
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Action Required:- Highlight the wife's conflicting statements and admissions (employment as a teacher, hostel warden, and pension beneficiary).
- Use these discrepancies to strengthen the Section 340 CrPC case for perjury.
- File an affidavit in the High Court detailing these contradictions and submit all documentary proof (salary records, pension documents).
2. Family Court's Error in Maintenance Order
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Key Points:
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Next Steps:
- In the High Court revision petition:
- Argue for suspension or reduction of the maintenance order until the Section 340 CrPC application is resolved.
- Highlight the family court’s oversight in ignoring documented evidence and admissions of income.
- Request the High Court to expedite the disposal of the Section 340 CrPC application.
- In the High Court revision petition:
3. Key Legal Remedies
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Interim Relief:- Seek a stay on the maintenance arrears or reduction in the maintenance amount in the High Court revision petition.
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Final Relief:- Request quashing or reduction of the maintenance order based on the wife’s established income.
4. Arguments in High Court
- Emphasize:
- The wife's admitted income sources disqualify her from claiming maintenance under Section 125 CrPC.
- Pending Section 340 CrPC is crucial to determining the validity of the maintenance order.
Conclusion
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Focus on Section 340 CrPC:- Push for quick disposal of the perjury application in family court.
- Use the High Court to suspend or reduce maintenance until the perjury matter is decided.
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Documentary Proof:- Ensure all evidence of income and admissions are part of the court record.
For personalized advice, consider a phone consultancy. Hope this helps. If you could spare two minutes to write a review, it would be greatly appreciated. Thank you.
Shubham Goyal.
1. It is unfortunate that the trial court has passed maintenance amount in favor of the wife despite the fact that she is employed and drawing salary income regularly from various appointments/posts especially when she has reportedly admitted the same during cross examination.
2. It appears that the orders passed towards grant of maintenance insofar as to the wife despite proving that she is having sufficient income may be considered as erroneous judgment.
You may in your appeal strongly object to this error and get it set aside.
Hi lawyers. Thanks for your valuable advices. Further more, just wanted to confirm if.. How we can approach to Supreme court... Directly or via High Court only? (Any ruling in supreme court) an we directly go to Supreme court or We can only approach to Supreme court only after getting this case dismissed
Asked 15 days ago
You cannot approach SC directly
as against order of HC you can approach SC
You should firstly approach High court. you cannot bypass high court and even supreme court will not hear any such matter if you approach directly.
You cannot approach supreme court directly before exhausting the remedies at High court.
You may just wait for the decision by high court since you have already approached high court.
You can approach supreme court only against the aggrieved judgement passed by high court hence you may wait until then.
You need to first contest in HC and then go in SLP to SC if it’s not in your favour
- As per law, under section 340 CrPC must be decided before adjudication of the case if the effect of the forged document is upon the outcome and final decision of the case.
- Further, if she has already accepted in her evidence the sources of income , then it can be a ground for dismissing her entitlement of maintenance .
- As per Supreme Court in the matter of Dalip Singh Versus. Respondent: State of U.P. and Ors, - Wife is not entitled to get maintenance, if she lies.
Dear Client,
Under Bhartiya Nagarik Suraksha Sanhita, 2023, which overrides CrPC, your friend is better placed attacking the family court order pronounced for maintenance. The wife's different claims and admissions that directly go to her income are the very basis of eligibility for maintenance.
Your friend should highlight these facts under Section 129 of BNSS (which was Section 125 of the CrPC) of the maintenance claim; your friend should contend that maintenance can be denied to the applicant if he has enough income; under Section 189 of BNSS (which is Section 340 of the CrPC), your friend should canvass for speedy disposal of the perjury application, inasmuch as it has gone to the root of the process of the proceedings of the granting of maintenance. The friend can also approach the High Court for a stay of the maintenance order under Section 380 of the BNSS (revisions and appeals) till the Section 189 application is dealt with. For this purpose, strong evidence such as employment and pension details, along with cross-examination records, would be presented before the High Court to make it take into consideration the misrepresentation by the wife and financial independence while revisiting the maintenance order. An experienced lawyer would ensure that these arguments are effectively presented before the court.
Hope that this helps you to solve your problem.
