Dear Experts, kindly provide me your view regarding following query :
Wife filed recovery case u/s 125(3) CrPC in Oct, 2015 which was dissmised by Hon'ble Family Judge on 09-01-2018 in the light of Hon'ble High Court Order dated 12-12-2017. Husband knew that his wife filed the above mentioned recovery case on false presentation of data relating to payment of various cheques/ DD/ Bankers cheque...etc supported by her affidavit. Husband obtain RTI information regarding payment or encashment of one impugned Demand Draft into the account of his wife ( which she denied, on Oath). Now my query is
1). Can Husband should file Perjury case u/s 340 crpc r.w.s 195 crpc and 191, 193, 197, 200, 471...IPC before the same Family Court after dissmisal of wife's recovery case. If Yes, can law of limitation applied ?
2). What is the limitation period for filing perjury case ? Wether it is applicable in my query ?
3). Can Perjury application is maintainable once the main case gets closed ? If, yes kindly provide me citations ?
Regards,
DVK
