Apni Law Staff asked 2 years ago
A woman, highly educated and previously earning a respectable salary of ₹3,00,000 annually, filed for alimony after her marriage dissolved. She claimed to have no income during the proceedings.
1. Can a woman’s high education, prior employment, and substantial income be grounds for denying alimony?
2. If she submitted false documents to the court, what action might the court take?
3. She has filed a case under Section 498A of the Indian Penal Code. What are the strongest defenses against her allegations?
4. Can a case under Section 420 be filed before the 498A case is dismissed?
Best Answer
Apni Law Staff answered 2 years ago
1. No, a woman’s education, prior employment, and income cannot be grounds to deny alimony. Indian law considers factors like the duration of marriage, financial needs, and earning capacity of both parties.
2. The court can consider it a case of perjury and impose penalties, including imprisonment.
3. Strongest defenses include proving the allegations are false, demonstrating genuine consent to marriage, and presenting evidence to disprove the charges.
4. Yes, a Section 420 case can be filed independently, as it deals with cheating and is a distinct offense from Section 498A.
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