My wife left my home with my 10 months old daughter in first week on january 2007 after a small quarrel and living with her parents form last 6 monts,after that we made repetitive attempts to bring her back through phone calls, personal visits through relatives and at last through letters sent through Register AD.
Now after receiving my letter she has filed petition in pune family court for maintenance under Hindu Adoption & Maintenance Act Clause 18 & 20 ,In her false allegation she has made one statement supporting one incidence that she has filed police complaint on 12/1/2007 in XYZ police station in pune for self defense against us. Almost 6 months have been passed but we haven't received a single call from concern police station, so through our political contacts we have checked all records in that police station and found that no complaint is registered not even NC.
Can you pls tell me that can i take advantage of this false police complaint in petition?.
2007-06-23 18:05:58 · 10 answers · asked by Tushar 1 in Family & Relationships ➔ Marriage & Divorce
I am from a celebrity family in India and my deserted wife is taking disadvantage of that. She is making false allegations in friends and relatives, All this problem has started after her pregnancy, She is not even allowing me to meet my daughter, I have done all possible things to bring her back including accepting her condition to live separately with her without my parents but she is of unsound and unstable mind and suddenly changed that decision and filed this petition, her intentions are to harass me and my family, that’s why i am asking this question of taking advantage of perjury done by her in written petition.
2007-06-23 21:00:02 · update #1
Yes your wife can claim maintenance from you under section 18 of the Hindu Adoption & maintenance Act, 1956 which clearly provides for it as Maintenance of wife. - (1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.
(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance-
(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or willfully neglecting her.
(b) if has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injuries to live with her husband.
(c) if he is suffering from a virulent form of leprosy.
(d) if he has any other wife living.
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine elsewhere.
(f) if he has ceased to be a Hindu by conversion to another religion.
(g) if there is any other cause justifying living separately.
(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.
As far her allegation of cruelty towards you she has mentioned in her petition that she had even filed a police complaint on 12/1/2007 inXYZ police station but you found no such complaint registered there, now as far filling a police complaint is concerned it can be done by the person concerned by moving a written or oral complaint to the police authorities but whether such a complaint was registered as a FIR in the daily dairy/register in the police station or not that is the question, Her making a complaint but the police authorities not registering it in the daily dairy is not her fault but fault of the police department for which you cannot blame her, even if you take a plea that she alleged falsely regarding making any police complaint she will always say it on oath she made such complaint but police did not register such a complaint in their daily dairy as a First Information Report, for that either she or you can question the police not her. The perjury is said to be done only if any person with a knowledge makes a statement on oath before any judicial authority or any other quasi-judicial authority the fact of its being false is known to such a person, in such a case even if we take that she made a statement on oath in the form of Affidavit, the very fact she is not alleging it falsely as she can always say she did make a police complaint that the police ignored or did not register, here it will not amount to perjury by her. Yes definitely you could have taken this as making false criminal complaint against you if it had actually got registered & you properly prosecuted under section 498A of the Indian Penal Code, & found not guilty by the competent court, then such a false criminal complaint could be taken as an act of cruelty by her for which you had a very strong case for divorce on the ground of cruelty against her, this is the real legal position as per numerous High Courts & The Supreme Court Judgments, God knows your Advocate told you this or not. As far section 20 of the above mentioned Act is concerned it’s for maintenance of your child/daughter which provides Maintenance of children and aged parents. - (1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his or her aged or inform parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to maintain himself or herself out of his or her own earnings or other property.
Explanation. - In this section "parent" includes a childless step-mother.
In both the cases it becomes your duty to provide your wife as well as your daughter with maintenance, the courts give a lenient view towards wife & children for such a provisions of maintenance either prayed under this Act or under section 125 of the Criminal Procedure Code, 1973 or during the pendency or at the time of passing of any decree under the provisions of the Hindu Marriage Act, 1955. In simple words you can say it’s their birth right to get the maintenance form husband/father.
2007-06-24 02:40:39 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
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2016-06-03 02:15:28 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. Perjury is a crime because the witness has sworn to tell the truth and, for the credibility of the court, witness testimony must be relied on as being truthful. Perjury is considered a serious offense as it can be used to usurp the power of the courts, resulting in miscarriages of justice.
Get an official document from the police department and Present it in courtl... and yes get a lawyer.
2007-06-23 18:10:37 · answer #3 · answered by Unit 77 2 · 0⤊ 0⤋
Use R.T.I and get the details of the false complaint and keep it to yourself.Now you have to ask yourself :
a.Do you really love your wife ?
b.Why do you think she has left you - put yourself in her shoes and experience the trauma she had undergone
c.do you think your wife is happy now
d.Most important :What should you do - only you to make your life happy and take control of your life
answer - first what is your attitude today towards life? Be happy and make others happy if possible .With happiness and forgiveness in your heart approach your sweetheart and ........... go with your flow pal.[For god's sake do not do anything filmy/yashcopra/karanjohar types] BE ORIGINAL- BE INNOVATIVE - A clue what was the last time you made her LAUGH - right now please experience the moment and tell me - yes I can see u smiling and PAL -WIN HER OVER - Yeh jeevan hai , is jeevan ka ,- listen to this song from piya ka ghar of kishore kumar and watch some good comedy movies .Please share this with others and BE HAPPY - REMEMBER EVEN THIS WILL PASS AWAY.
Good Luck and tell me the good news.
affectionately
ashwin
2007-06-23 20:52:55 · answer #4 · answered by ashwin kumar k 1 · 0⤊ 0⤋
Your wife is not an enemy to you. You have not mentioned the details of your difference of opinion between you two. You can go their native (her native place) along with your circle of friends and relatives and ask them personally and try to convince her and her family. If that is not materialised you can send your own letter asking for the details of her not coming to your place. You Can also mention that You are stay with her separately without her and your family members, this may work out. Please do not try to take the issue to the court level or even police station level. Everything is possible in this world , provided if U have faith in you and GOD. All th best , Thanking you. yours VRVRAO
2007-06-23 19:49:52 · answer #5 · answered by Raghavendra R 5 · 0⤊ 0⤋
in india the best way to harass is file false complain by bribing police.....you can do the same...people like this should stay single for rest of their life rather marrying for money only and then collecting alimony for rest of their life....feel sorry for you but just get this over with it and start happy life again with some nice caring and loving lady looks like you wind up marrying the most garbage people of your society good luck
2016-05-18 23:28:42 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Hey better go to www.saveindianfamily and www.498a.org and get in touch with the nearest helpline. This is a Global NGO helping Indian Husbands to fight to prove their innocence and to bring to light how Indian Women misuse Laws for their benifit without knowing its repocation upon instigation by thier lawyers and both go scot free even if proved to have disrespected laws and misused them - just because the Woman and her folks want to suck blood money from their victim Husband and family. You could also write to me to get in touch.
Note: Beware of Indian Lawyers they are only behind your money and sell themselves happily and easily to the opposite party. Its your fight, you need to be the one stategising and planning your fight and use these lawyers are your pawns - no offence you are paying them for the same and they - lawyers are not doing it free of cost or fighting for justice, they are doing it for money.
2007-06-23 22:48:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You need to get a lawyer involved.
Do not use the web for legal advice. This issue is
far too important for you.
2007-06-23 18:08:32 · answer #8 · answered by Elana 7 · 0⤊ 0⤋
Think positively.She might be in the intention to change you.
2007-06-23 21:38:02 · answer #9 · answered by thama v 1 · 0⤊ 0⤋
not us,ur lawer can answer this q
2007-06-23 19:22:38 · answer #10 · answered by malcom 3 · 0⤊ 0⤋