Perjury case

Vijay (Querist) 14 July 2017 This query is : Resolved

Dear Experts,

I am facing trial of DV Act filed by my wife. In this case she is seeking maintenance for herself,

She filed an affidavit stating that she is unemployed. Thus unable to maintain herself.

I counter this by filing Application of perjury u/s 193,195 and 340 Cr.P.C.with evidence like her Salary Slip with Salary A/c statement which shows that her salary is 35,000

But judge rejected the Application of perjury saying that because evidence is available that she is working so there is no need for further enquiry as prescribed u/s 340 Cr.P.C

Question:

But now it is proved that she willfully lied before the court. So, why not she should be prosecuted for that?

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P. Venu (Expert) 15 July 2017
Yes, there is perjury. But judicial officers reluctant to take action as they are required to appear before the Magistrate and give evidence.

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Vijay (Querist) 15 July 2017
Thanks for your reply.

Please guide appeal is

Question 1. under section 341 Crpc only

or

Section 341 CrPC read with 195 IPC