Legal Question in Family Law in India

Its now been almost 1.5 years my wife had left me and staying with her parents....I tried so many times to bring her back at my home but she refused to come with me ...atlast i filed restitution of conjugnal rights under section 9 of HMA in reply of which she filed application of maintainance under sec.24 of HMA by giving false statement with the affidavit in the court that she had no source of income and is totally hand to mouth and currently depending on her parents income for her living....Sir anyhow by the grace of GOD I have arrange to taken out the incometax return filed by her from I.T. department and have present the same on the next hearing date in the court in return of which her lawyer has withdrawn the application of Sec.24 from the court immediately on the next hearing date.

Now Sir its important to mentionthat she had only filed the application of maintainance under section 24 of HMA in the court by giving false statement with the affidavit but hadn't pressed that application further in the court and immediately withdraw the same as I have produce the income tax retun copy filed by her in the court

Now I wanna ask can i file another new application on the next hearing date in the same court to convict her of filing the false affidavit in the court though she hadn't pressed the Sec.24 application further......just to make pressure on her for further not filing any case against me like case under 498A and domestic violence case?????.. .......if yes under what sections?????? and is there any time barred condition to file the application of perjury in this regard in the same court?????? waiting for your earliest reply and further recommendations in this regard.........


Asked on 1/01/12, 11:23 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you are repeating your question. in your last query, you were advised to seek opinion of lawyer in person along with all the documents. application u/s 340 cannot be filed casually as it involves a serious question of perjury.

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Answered on 1/01/12, 10:44 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 1/02/12, 2:34 am


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