madhuri_bansal (CA) 12 September 2015

Maintenance perjury

Experts,

Please explain me who is the applicant and who is the respondent in this following perjury case.

Husband filed RCR u/s 9 HMA, wife filed maintenance u/s 24 HMA.

husband noticed perjury by wife. So he filed perjury application u/s 340 CRPC.

But he made applicant = wife and

respondent = husband

How can a wife be applicant when application is filed against wife?

Again: application u/s 340 CRPC is filed by the husband

What is correct: applicant= wife ; respondent = husband OR

applicant = husband; respondent = wife

Please clarify me.

Madhuri.

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4 Replies

Santosh kumar (lect) 12 September 2015

Since wife filed the sec 24 , There shall be case number associated . So perjury would be in the case itself thus Petitioner is wife & husband is respondent. But the facts mentioned should have begun with "respondent states that " and size by the respondent.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 14 September 2015

Originally posted by : Ramesh pawar
	Since wife filed the sec 24 , There shall be case number associated . So perjury would be in the case itself thus Petitioner is wife & husband is respondent. But the facts mentioned should have begun with "respondent states that " and size by the respondent.

Agreed!

Sample petition is available in the following link.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=3#.Ve55DtKeDGc

FAQs on Perjury are available on the following links.

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.Ve55kdKeDGc

prabhakar advocate (advocate) 14 September 2015

Generally, RCR is called petition and not application. So, in RCR Husband - Petitioner Wife - Respondent; Section 24 is called application; Wife - applicant Husband - Non-applicant (some call Respondent, but better call him non-applicant) S. 340 cr.p.c. is called complaint (some call it application) Husband - complainant (Applicant) Wife - Respondent (non-applicant)

T. Kalaiselvan, Advocate (Advocate) 20 September 2015

Husband is the petitioner in RCR, wife is the petitioner in the petition filed u/s 24 of HMA. If the husband filed a petition u/s 340 cr.p.c., he becomes the complainant in that petition.

Applicant and complainant is one and the same in the petition filed u/s 340 cr.p.c. If the husband in his petition u/s 340 cr.p.c. has mentioned that the applicant as his wife then he may be referring to her IA filed under section 24 of HMA in which the matter perjuring the law has been observed, in which the petitioner has been mentioned as the applicant/wife in his perjury petition.

What is your exact problem or query?