125 crpc

stolt (Querist) 29 November 2010 This query is : Resolved
I have my hearing on 21 Dec for 125 Crpc.
1.I filed a Divorce petition on April 2010.She filed a maintainence case on Nov 2010.My wife has mentioned that she left her matrimonial home on 22Feb 2010 due to DV.We both only used to stay.
I was working on ship prior to her leaving home, i can prove that with my immigration stamp on my passport n flight tkts.
2.Also she has stated a false allegation, that she was forced to pay 2.9 lacs from her father on my account to book a flat and she attached a bank deposit slip.
The actual fact is that as i was on ship,I told my father in law to sell my car.The buyer paid 2.9 lacs cash to dad in law, the same was deposited by my wife.I have a written statement from the buyer that he paid 2.9 lacs rs cash to my father in law in order to purchase my car, also other forms signed by my father in law Form 30.
3.She also said that she paid 1 lac rs to the builder from her account to book a falt on my name.
Actually i told my father in law to sell some of my jewellery ,given by my parents to book a flat for early discount as i was on ship.he sold the same and deposited the money on his daughters account, from where it was paid to the builder.
I am not yet able to prove the same, as i am yet looking for the those jewellery certificates.The money was paid in cheque by the jewellery shop to her account.
4.I am suffering from 2 slip discs on my lumbar spine, i have the MRI reports and other reports from other ortho doctors.
5.Also as i am in merchant navy she has asked for an alimony of 78k per month.my job is contractual and generally go to ship less often due to my back problem.
6.I want to file a case for all these false allegations.Should i file 340 Crpc or what should i do.
7.I am mentally tired.I have no 498A case pending against me.But she has mentioned physical n mental torture in her 125 crpc petition.

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Devajyoti Barman (Expert) 29 November 2010
Though all the facts are not here but prima facie this case seems to be fit for perjury. Go for it without delay. The court does not favour those who come before it with unclean hands.

ashish lal (Expert) 29 November 2010
If out of court settlement is possible then try it. What you have stated are facts which are matter of trial so I dont think that court is going to entertain perjury application.

Try to sort out the matter through mediation. If there is no chance of living together, then ask the other side to sit and workout an amicable solution.