Maintenance & perjury
Pragyan Mishra
(Querist) 26 December 2014
This query is : Resolved
Respected Sirs,
My marriage was solemnized in July 2013. No dowry was demanded neither given in the marriage. At the end of july after marriage, we both came to Hyderabad, the place of my service & lived in my rented apartment. In October 2013, my wife left me in pretext of form fillup & appearing in her semester PG exam. She did not come back on repeated request, not even when my mother was hospitalised.
In august 2014 she came to my house in my absence & while my mother was at home. My mother could not smell any rat & she stole all the gold ornaments including her, mine & my mother's kept in the house along with her clothes.
In October 2014 she filed a petition u/s 125 filing a false & frivolous affidavit mentioning that I have forcibly ousted her from my home in september 2013. Since then she is staying with her paternal uncle at the village house. She is actually staying with her parents in a town in Bihar.
I have booked her train ticket & is with me in my email. Further, 2 days before leaving my home in october 2013, she appeared in an exam at Hyderabad. The hall ticket is with me.
My question is, can I file a case of perjury u/s 340 crpc. What is the procedure to file the same?? Would that be a simple application to the existing crpc 125 case or a fresh petition??? Is there any specific format of the 340 application???
Devajyoti Barman
(Expert) 26 December 2014
Yes, you can file petition for eprjury u/s 340 crpc on thse facts.
There is no specific format for this. Ask your lawyer , he will draft this for you.
Pragyan Mishra
(Querist) 26 December 2014
Sir, can the maintenance petition be rejected u/s 126 crpc on the ground of no jurisdiction as she is residing at some other place & filed petition to a remote area just to harass me to usurp easy money???
Devajyoti Barman
(Expert) 26 December 2014
If she states the same to be her current residence then she can file this case for which the case would not be dismissed.
Rajendra K Goyal
(Expert) 27 December 2014
Case can not be dismissed on this ground, if she confirms that this is her current address. filing case of perjury not recommended at this stage. Fight the cases on merit.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
A perjury case will not be tenable at this stage because she has not stated anything on oath to the extent of yur allegations. Better challenge her case n the basis of available evidences with you.
