WHAT IS PENALTY FOR FILING FALSE MAINTENANCE CASE ?

1.  In practice it is very rare where the wife has been penalized for filing false maintenance case even if it has been proved that the wife has filed false maintenance case by hiding her income, assets, employment and educational background. The law is not very much strict to punish the wife who has come to the court with unclean hand or has approached the court by suppressing the important facts about her income and assets. In few judgments, the courts has given adverse observation where it was found that the case of maintenance was filed on the basis of suppressing the necessary facts about the financial background of the petitioner. The authentic observations were given in the case of “Mamta Jaiswal Vs. Rajesh Jaiswal, Madhya Pradesh High Court Civil Revision No.1290 of 1999 decided on 24.03.2000.”

In this case the Hon'ble High Court of Madhya Pradesh has held that well qualified spouses desirous of remaining idle, not making efforts for purpose of finding out a source of livelihood, have to be discouraged. It is further held that a lady, who is fighting matrimonial litigation filed for Divorce, cannot be permitted to sit idle and to put her burden on the Husband for demanding pendente lite alimony from him during pendency of such matrimonial petition. Section 24 is not mean for creating an army of idle person who would be sitting idle waiting for a "dole" to be awarded by her Husband who has got a grievance against her and who has gone to the court for seeking relief against her. The case may be vice versa also. If a husband well qualified, sufficient enough to earn, sit idle and puts his burden on the wife and wait for a "dole" to be awarded by remaining entangled in litigation. That is also not permissible .The law does not help indolent as well idles so also does not want an army of self made lazy idles. Everyone has to earn for the purpose of maintenance of himself or herself, at least, has to make sincere efforts in that direction. If this criteria is not applied, if this attitude is not adopted, there would be a tendency growing amongst such litigants to prolong such litigation and to milk out the adversary who happens to be a spouse, once dear but for away after an emerging of litigation. If such army is permitted to remain in existence, there would be no sincere efforts of amicable settlements because the lazy spouse would be very happy to fight and frustrate the efforts of amicable settlements because he would be reaping the in nature of pendente lite alimony, and to prefer to be happy in remaining idle and not bothering himself or herself for any activity to support and maintain himself or herself. That cannot be treated to be aim, goal of section 24. It is indirectly against healthiness of the society. It has enacted for needy persons who in spite of sincere efforts are unable to support and maintain themselves and are required to fight out the litigation jeopardizing their hard earned money by toiling working hours.

2.  In very few cases the court has came heavily on the petitioner wife and imposed a heavy cost on filing of false maintenance case. In the case of Rahul (Name Changed) Vs. Reena (Name Changed) case no.26/2016 decided on 15.01.2019,ADJ Saket District Court N.Delhi, The court while rejecting the maintenance petition filed by the wife who is well qualified has also observed that Court should not be allowed to be used to extort money, junks woman’s maintenance plea and imposed a cost of Rs. One lac on the wife, saying the proceeding u/s 125 Cr.P.C has filed only to blackmail the Husband. In the case of Tanu (Name Changed) Vs. Ramesh (Name Changed) CC No.316/3/2007 Dated 27.05.2015 MM , Saket District Court” the Court came heavily and imposed cost of Rs. one lakh for filing false Domestic Violence case against Husband and in-laws. Court in its judgment has observed that Domestic Violence law has been misused.