Legal Question in Family Law in India
My wife filed crpc 125 2yrs back submitted an affidavit where she claimed to be a Law Graduate and need maintenance for higher studies and livelihood. she stated the same in high court as well. Few months back i got her marks sheet and came to know that she is still perusing her LLB and at the time of filing affidavit she had 11 back-locks ? Can i file any case against her, if yes ? which court ? I mean same court.... Can i ask the Honorable court to dismiss her maintenance as she hasn't come to court with clean hands ?
3 Answers from Attorneys
yes you can file the application in same court/ high court/lower court.
File application u/s 340 CrpC for perjury in any of the court You may drop in a detailed query at [email protected]
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JSR/61113
yes you have quite a few options. One, as suggested, you may file for perjury u/s 340 cr pc before the same court for lying / leading false statement about her education. In this case, a seperate complaint can be lodged under section 420 IPC for cheating and gaining her self the amount of maintainence.
You may also file before the court which awarded the maintainence for dismissal and in the alternative for reduching the amount of maintenance as earlier maintainence was not on true facts.
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