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Pragyan Mishra (-)     08 February 2015

Clarification on perjury

I am not yet clear, after establishment of the Family Courts, if the false affidavit & deposition are submitted to the Family court, where should we file the application of perjury u/s 340. 

 

Will it be a separate petition or just an application to the current proceeding which is yet to be disposed off?? 

 

Is it to be filed with the same Family Court Judge or anyone else???

 

In my 125 case, I had filed an application to the Judge, Family court, however, he straight way dismissed it without even reading the application. No reason mentioned in the order, instead he mentioned "application dismissed".

 

Can any one give me the sample appeal format u/s 341 Crpc in a high court.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 February 2015

You take the help of a local advocate if you donot have your own advocate.  What is the dismissal going to do with the petition for 340 or 341.

Adv. Chandrasekhar (Advocate)     12 February 2015

Section 340  application lies in the same court.

Aggrieved party about non-speaking dismissal order can go in revision or appeal.

Pragyan Mishra (-)     12 February 2015

My queries are not yet clear:

 

- Is a separate petition to be filed u/s 340 with the same family court or it is in the form of an application to the same proceeding of 125 crpc.


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