Blaimed Fake case on fake grounds accepted Blaimed Fake case on fake grounds accepted

5 years ago

Dear Sir,
My wife and me having several litigations, where she filed Divorce, Maintenance, Civil, 498a (after 15 years of love marriage), and i filed section 9, 340 CRPC, Custody of children (yet to be filed), Counter Claim (Civil).

1. In 340 CRPC case we mentioned in
PARA NO X that "on Dated xxxxxx petitioner filed FALSE CASE of Maintenance and Civil Suit for declaration, cancellation and permanent injunction against the respondent on the BASIS OF FALSE GROUNDS."
She replied in
PARA NO X that "the contents of the para no.x of the application ARE NOT DENIED."

Q Does the above admission is valid in court or they can easily escape of admission by saying that its a typographical mistake or done in hurry or in random basis?

2. She did not disclosed the bank account in which she is having savings of approx. 3 lakhs in account. Same we disclosed in W.S. of u/s 125 where in rejoinder she admits that she opened the account for child education purpose.

Q Is the above falls in concealment of facts and attracts 340 CRPC and also could it be affect the maintenance filed by her?

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
It appears you are over enthusiastic but for your kind information our Indian Courts are not so active especially in family matters. Please be informed that you may not get justice at lower court but at High Court you will get some relief. 340 proceedings cannot effect maintenance however her non disclosure of Rs.3 lakhs have effect on the quantum of her maintenance.
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Nirmal Chopra

Responded 5 years ago

A.Admissions of facts are admissions. It will be for your wife to prove that it was a typographical error.rest is discretion of the court to accept her contention of typographical error or not
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