Dipak (service) 01 January 2024

Crpc 340 not decided by family court

Applicant filed divorce petition in family court. Respondent filed perjury application u/s. 340 crpc after evidence of applicant. Family court ordered on perjury application that the perjury application will be decided with final order. Now. Applicant has withdrawed application by giving withdrawal pursis. Then, Family court has desposed main dicorce application without decided perjury application.

Now. Respondent wants to decide the pending perjury application.

How can respondent do proceeding if he wants to decide the pending perjury application?

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 01 January 2024

If the main case is disposed then the pending applications will also be automatically disposed without any orders.

Therefore the application for perjury becomes infructuous if the main case has been dismissed as not pressed

Dr. J C Vashista (Advocate ) 02 January 2024

I endorse the opinion and advise of learned expert Mr. T Kalaiselvan and nothing more to add.

Main application in the case is stated to have been withdrawn, consequenlty all interim application(s) stand disposed automatically even if not mentioned in the final order of disposal of the case, otherwise, the Court do mention in the order/ judgment qua all application(s) as disposed.