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ktkaran (maanger)     03 June 2014

340 sent to cjm against wife for trial

Dear All,

340Crpc. against my wife was registered and after enquiry sent to CJM.

Brief - Xparte order was given by trial court in child custody in my favour ,wife got it set aside u/s0rder9 rule13.After 1.5 years of order set aside i got documents which nailed lie of wife that she had lied on affidavit& I moved 340Crpc. against her which was registered & now trial court has found her guilty & sent  to CJM.

Now my query -

1.-Can my xparte order be restored as now 340 is registered against same order 

2-If yes how to move for restoration of that order.



 3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

Unfortunately, these two cases are different and would need to be fought seperately.



Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

ktkaran (maanger)     05 June 2014

ok shonee ji but someone told me that since perjury has been committed w.r.t.. to a particular oder therefore it becomes a continuing offense and order against which perjury has been committed can be recalled by the concerned court.

KISHAN DUTT KALASKAR (Advocate)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.


With regards,

Legal Expert

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