Reg.340 crpc in 125 crpc
harshit
(Querist) 18 September 2016
This query is : Resolved
Dear experts
My ex wife has filed 125 crpc for minor child and her. But the name of child and residential address is given in petition I.e. wrong.through a application/ rti act I have found that these two thinks are not correct in her petition.
1.childe name
2. Her residential address.
These are prima facie evidence which shows that she has committed perjury.
My QST. Is that can I file the 340 crpc case against her as counter case?
Pls advice and suggest....
Thanks to all....
Ms.Usha Kapoor
(Expert) 19 September 2016
Perjury case you can file after divorce. Pending divorce she must've filed for interim maintenance under Section 125 Cr.P.C for her and for the child.Courts are full of arrears of cases. Why to add mindless litigation and add to the burden of courts. First finish of the divorce case, Pay her and yor child maintenance and return her dowry and stridhan.
Raj Kumar Makkad
(Expert) 19 September 2016
Prejury is not made out just on the mentioned matters. The address can be changed with the name.
Rajendra K Goyal
(Expert) 19 September 2016
Prejury case is difficult to succeed with the given facts.
harshit
(Querist) 19 September 2016
I am sorry to say People should not be gender baiesed. Should not be think from one angle.Hon'ble Suprim court says Husband is not a ATM machine.
In eye of law if anybody file a crimnal case against a person , that petitioner gives the wrong residencial address and party name then how it is possible to get relief from court????
This is prima facie evidence which make the perjury.......
Rajendra K Goyal
(Expert) 20 September 2016
Author,
Comment like gender bias are unwarranted.
We have opined on the basis of facts, if you think otherwise, you are free to proceed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 September 2016
There is no history of perjury case action in a running case. At the most it will be regd as misc application and will go on for years.
And you filing of perjury will be your admission of her real identity and so her case.
What you will be telling the court that the real name and is this and not that.
In your rage and hurry you miss the opportunity to take proper defense . Even CRPC 125 can be got dismissed search for an expert it will be worth the cost instead of blaming all others than yourself.
Raj Kumar Makkad
(Expert) 22 September 2016
Mentioning wrong address in the petition can be cured at any time by moving a simple application on the part of petitioner. Such wrong mentioning even cannot be termed as gender biased.
Rajendra K Goyal
(Expert) 18 October 2016
Well concluded by the expert raj kumar makkad.
