Matrimonial laws are heavily titled in favour of women. The extent of misuse by wives that happens in several cases is a reality which cannot be overlooked by any standards. However, in a unique case reported from Aurangabad in Maharashtra, a woman aided by two lawyers, went to the extent of filing bogus maintenance cases against unknown men…who were not even married to her.
A married woman and two lawyers have been nabbed for filing false applications in a JMFC court at Sillod in Aurangabad district between 2019 and 2021 from men who were never married to the applicant.
Victim No. 1
One of the affected men hails from Jalgaon. According to him, to his shock he received court summons in 2019 in a case initiated by a woman he had never met.
In her application, the woman claimed to have developed friendship over a land deal with this man, which turned into a physical relationship. She even claimed to have married the petitioner on December 25, 2018, and then alleged abandonment after a short cohabitation. The woman put the petitioner’s first name as her middle name in the application to show that he was her husband.
Subsequently, the man filed a writ petition in the Bombay High Court Aurangabad Bench against the fake maintenance proceedings.
The High Court allowed his petition by setting aside the maintenance case.
Several Other Victims
After receiving summons in the case, the petitioner started making inquiries at the Sillod court and found that similar maintenance pleas were initiated against at least three other men by the same woman through the same lawyer and was represented by another lawyer in all these matters.
In all the three matters the woman took different first names and named the concerned men as her husband.The petitioner then moved the HC for quashing of the proceeding.
Woman Evades Notices
Initially, the woman did not respond to the notice from the High Court, prompting the bench to appoint a lawyer through the legal aid service to represent her case. However, on December 8, 2022, the court-appointed lawyer informed the HC that the woman and her lawyer in the Sillod court had threatened him the previous day with implicating him in a case, and sought discharge. The HC then appointed another lawyer.
High Court Directs Police For Inquiry
It is then that the High Court directed the police to make an inquiry and submit a report relating to the four maintenance proceedings. Based on the court-appointed lawyer and the police’s report, the bench found that the identity and the credentials of the woman were doubtful. Her signatures were the same in two of the maintenance pleas. Two of the four pleas were withdrawn after summons were issued to the concerned men.
Woman Accepts False Cases
After much pressure, the con woman furnished an affidavit in the HC, revealing her name and claiming that she had nothing to do with the maintenance pleas and that she was living with her husband and family. She also stated that the maintenance proceeding against the petitioner be withdrawn.
The HC then observed how the woman could receive summons and give consent to withdrawal of the maintenance proceeding when her real identity was different as claimed in her affidavit. The HC held that all these circumstances required a thorough inquiry by the bar council and the police and went on to issue the directions.
Bombay High Court Aurangabad Bench
On March 20, the bench of Justice Kishore C Sant of the Bombay High Court bench in Aurangabad has thus directed the Bar Council of Maharashtra and Goa to “hold an inquiry and take necessary action” against the two lawyers who are practising at the Sillod court.
Justice Sant also directed the Sillod court superintendent to lodge a police complaint against the woman for impersonation.
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Maintenance Scam By Married Woman, Two Lawyers: Men Who Never Met Applicant Were Being Sent Summons To Pay Up
— Voice For Men India (@voiceformenind) March 31, 2023
Occasional Adultery No Grounds To Deny Maintenance To Wife | Delhi High Court
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