Family
2 months ago
My wife filed case in 2020 after 3 month of marriage and maintenance order passed on dec 2023.they refuse to settle and no child born. We discussed from other advocates most of them said to file false case of on her brother or relative or family for causing hurt and other criminal case to pressurize them financially. I don't understand.is it good suggestion or not? This is a big dicision for a family who never involve these type of situation. Please suggest .
A.Dear Client,
After the disposal of a criminal case by the Court with an order of maintenance, your claim or complaint of a false case may not stand or be admitted to being an afterthought action with ulterior motives to make the order of a competent Court unenforceable on either pretext. The complaint of false allegation should have been made during the proceeding of the criminal suit. So, you are now estopped from raising such an allegation. Further, in the absence of any cogent ground or evidence supporting your complaint of false allegation may put you in a worse situation to face uncalled-for legal consequences once your allegation stands rejected by the Court for lack of merit. If the amount of maintenance is not affordable, you may file a review petition before the Court praying for remission in the maintenance amount and if your prayer deserves merit, the Court may allow your prayer.
After the disposal of a criminal case by the Court with an order of maintenance, your claim or complaint of a false case may not stand or be admitted to being an afterthought action with ulterior motives to make the order of a competent Court unenforceable on either pretext. The complaint of false allegation should have been made during the proceeding of the criminal suit. So, you are now estopped from raising such an allegation. Further, in the absence of any cogent ground or evidence supporting your complaint of false allegation may put you in a worse situation to face uncalled-for legal consequences once your allegation stands rejected by the Court for lack of merit. If the amount of maintenance is not affordable, you may file a review petition before the Court praying for remission in the maintenance amount and if your prayer deserves merit, the Court may allow your prayer.
Helpful
Helpful
Share
Read Related Answers
Sapinda relationship
Dear Client,
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
Is any legal obligation for me to share the property within my brothers and sister
Dear Client,
All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
My parents trying to control my life they want to control me like papate.
Dear Sir/Madam
If you have attained age of majority then you may stay away from your parents with your independent income and intimate them by issuing a legal notice.
Money fraud done by brother
Dear Client,
In the given situation, when you are an independent working woman, nothing can prevent or restrict you from walking out of your home to look for the destiny of your choice. You have the...
Inquiry Regarding Maintainability of GWOP Case
Dear Madam
GWOP is to be filed where children physically resides or physically goes and attendance school otherwise it is not maintainable on the ground of territory
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
