Legal Question in Family Law in India

My wife lied in her DV application about her job status and there are other significant lies as well. Hence instead of filing reply I have filed the 340 crpc perjury case against her and have submitted the proofs to same court. Most importantly She lied about work status and showed herself as housewife being an MBA graduate. I got very strong evidences like RTI replies from PF commisioner and other Govt documentary evidences to prove my claims to show that wife is lier. How JMFC court will look at this application? There is huge salary gap between me and wife. I earn 5 times more than her. How JMFC court looks into it while deciding maintenance? What would be their approch ? We stayed together for 1.5 years and no child.? Her lawyer delaying case from last two dates? What kind of defense her lawyer can make at this stage to save my wife?

How much time it will take for final order of perjury? Does court dispose this application first before interim ? Or if in any scenario if its rejected what are my options for appeal in higher court and how do we do it?

Kindly advise.


Asked on 10/29/17, 5:12 am

1 Answer from Attorneys

The court may award maintenance to your wife if her earning is not sufficient to maintain herself. Since you have already filed application u/s.340 Cr.P.C. so your wife may come to compromise the matter as giving false information to court is a crime. collect necessary proof of her employment and also move the necessary application to extract the information regarding her income, her financial status.It is difficult to predict the time to be consumed in litigation. So may insist for disposal of your application before order on interim maintenance. In normal course the application u/s.340 Cr. P. C is treated as an independent proceeding having separate case number which proceeds simultaneously with the main case. If your application has rejected then you may approach the higher court for revision or appeal as the case may be.

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Answered on 10/29/17, 6:26 am


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