Saturday, December 3, 2022

Maintenance under section 125 crpc

Forums Forums Civil Maintenance under section 125 crpc

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  • #425 Reply
    Viswanath
    Guest

    A wife filed a case of maintenance under section 125 crpc on husband in the year 2022.

    But husband already deposited 10 lakhs on wife and child (each 5 lakhs) on December 2019. Wife is a bcom graduate. Basing on the qualification husband also made her to undergo bank coaching and tally coaching on his expenses for her future survival.

    All the proofs are available with husband and she also filed 498A on husband and his family (father and mother) on 2020. Now husband has no job.

    Kindly let me know whether the husband is liable to pay maintenance on the above conditions

    Or

    Suggest me are there any other ways to fight this case?

    #426 Reply
    Viswanath
    Guest

    If any person proves that the proofs under maintenance provided by wife is false, is there any section to take action on her.

    #546 Reply
    By Justuce Bench
    Keymaster

    Here first point is, why husband deposit 10 lakhs on his wife and children? was it due to a court order for maintenance? or did he do it for an out-of-court settlement? Does the husband have any proof to show that he already made a settlement?

    Secondly?
    Any person who filed false evidence or an affidavit or fabricated the false evidence before any court can be tried under section 340 crpc read with section 195 PC. On the filing of such complaint the court will inquiry into the matter and punish the accused for perjury. but the other party shall have substatial evidence to prove the perjury.

    Reference:-
    Vijay Syal Vs. State of Punjab
    https://indiankanoon.org/doc/435765/

    PROSECUTION OF PERJURY:
    1. Legal obligation to state the truth
    2. The making of a false statement .
    3. Belief in its falsity .
    Criteria for establishing offense:
    (a) The statement is false
    (b) The parson making the statement knew or believed it to be false or did not believe it to be true.
    (c) The statement was made intentionally.
    All three criteria must be proved for conviction. Intention is most important.
    False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .

    #548 Reply
    Viswanath
    Guest

    Thank you so much sreedhar sir. It helps me to learn more.

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