is 340 crpc counter case applicable in the 125 crpc

Querist : Anonymous (Querist) 28 October 2010 This query is : Resolved
Dear sir,
My wife has filed maintenance under sec-125 crpc for minor child and her.During Pw-1 and DW-1 she has given false evidences and FIR copy(498,523,3/4,506,)has submited as evidence.
During 125 crpc Pw-1 she has given statements that i had come to my sasural along with my brother on motorcycle( which i have chargseeted on this sentence but i got proceedind and arest stay in High court lko).Which is totly contradictory PW-1 in 125 crpc mentinence.Apart this contradictory PW-1 evidences, I also collected many documents through RTI regarding medical report and doctors's statements etc.
My query is that
1) can i file the counter case u/s- 340 with these evidences on 125 crpc mentinence case in same court or separately.
2). ADJ court has offered 5 lakh Rs . but she is not ready. she wants monthly manntinence as she is thinking my saliry is 40,000 rs per month,goverment job so i will get 10.000 per month.
3). now i want to file counter case pl. suggest me all counter case which is applicable in the running 125 crpc mentinance.
4)she is MA. and well educated.she is living along with her parents they are also getting 40,000/rs from govt. job.
5)if there is any citation or suprim court rulings pl. provide
6)I have also filed child custdy u/s-26,if there is any citation or suprim court rulings in child custody case(Guardianship and ward) pl. give.
7)she is from other district , can i file perjary case in my district as saparete 340 crpc case ?
8)is 340 crpc counter case applicable in the 125 crpc( as she wanted to heavy mentinence on the basis of that chargesheeted FIR against me)?
Thanking u sir for valuable suggestions.......

Follow Query

Report Abuse

Sarvesh Kumar Sharma Advocate (Expert) 28 October 2010
with all proves u can file the counter case u/s- 340.
& all ur clauses from 2 to 8 is comes under 340 cr.p.c.

Devajyoti Barman (Expert) 28 October 2010
You have to file the application u/s 340 crpc in the same court. Both the case for perjury and u/s 340 are substantially same.