Can i file crpc195 with 340 in 125(3)?
Alpesh Makkampara
(Querist) 12 September 2016
This query is : Resolved
Respected Sirs,
My crpc 125 case is already closed. Opposite party has filed recovery 125(3) for arrears. I am also fighting 498a. In 498a my wife's cross has been completed. Now my BIL is only pending for cross in 498a. I have found many major contradiction for desertion, dowry and many other in 125 and 498. can i file crpc 195 with 340?
Devajyoti Barman
(Expert) 12 September 2016
I have see the contradictions to advise more properly on this account.
Do note that no perjury application lies merely on the basis of contradictions.
adv.bharat @ PUNE
(Expert) 12 September 2016
Alpesh there is contradiction to gie suggestion.
Alpesh Makkampara
(Querist) 12 September 2016
Dear Devajyoti sir,
It is not mere contradiction. Can i file perjury in 125(3).
Dear Bharat sir,
I couldn't got you.
Raj Kumar Makkad
(Expert) 12 September 2016
There is no bar in filing perjury if false affidavit or false evidence has been produced before the court in any proceedings even if the case has closed.
HOWEVER, the grounds are required to be strong so as to prove them beyond any reasonable doubt. The court has to become complainant in such cases so think many times before initiating.
Rajendra K Goyal
(Expert) 21 September 2016
In the given facts prejury may not succeed, however discuss with your lawyer who if full aware of case file.