I am facing a case of DV ACT filed by my wife. ( in delhi and i am appearing as party in person)
When court was hearing the application of inteim maintenaice , ,i filed counter application of perjury under section 340 /195. ( Griound of perjury she is working and claiming herself unemployed)
And argued that perjury must be decided befor inteim maintenaince in support of my argument i submitted the judgements of SC , Delhi HC, Allahabad HC, and Calcutta HC . In all these judgement court observed that court should decide perjury before proceeding any further.
Lawyer of my wife opposed it by ground that girl is living miserable life so court should decide interim first.
Court ordered that both the application will be decided on same day.
Both the parties agreed.
But court didn't able to decide both applications on same day because of paucity of time but court decide interim and rejected the interim maintenaice by saying girl is having sufficiant means to earn so no interim maintenaince.
But after that magistrate has changed , and present magistrate is saying that i will decide the application of perjury after deciding main petition of DV act .
i argued that procedure says court should
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
But magistrate says she will follow the procedure after deciding main petition .
Please advise what to do.?
what should my point of argument if i approach session court?