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.
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