Crpc 340 perjury ,in sec 24 case rejected by family court

Hello experts.

I am in desperate need of opinion in my case. I had filed for CRPC 340 in my sec 24 petition. Act of perjury was about suppression of employment of wife. I have brought concrete proof that petitioner has suppressed that she is working by furnishing bank statements. In the hearing now she admits that whatever she is earning is an incentive and not permanent. But she has not provided any records to prove that. The judge for past 3 hearing didn't dispose the application. I today submitted a memo with citations of 3 different High courts judgements in sec 24 case it self. The judge orally said refused to see citations. He orally refused to initiate any inquiry stating that perjury can only be applicable at evidence stage, refused to look upon in any citations attached in memo. Upon pressing that it can be filed at any stage of proceedings he didn't listen. Further he reserved a date of judgement in the sec 24 petition. Not sure why such an order cannot be passed in court in writing. Any judgement without any enquiry will cause gross miscarriage of justice.

Now my queries

1. How can appeal at high court , when there is nothing in writing from the court ? The hon'ble judge just orally concluded and didn't give anything in writting.

2. Should an appeal in high court under crpc 341 . Is there any limitation as within what time such application should be filed.

3. Can I write to the high court complaining about the judge and his biased judgement , for not following procedures.

4. The sec 24 petition being summary in nature doesn't have any evidence stage. In my opinion the judge has grossly violated the law in such judgement. Please advice. Most lawyers in family court here are not aware of procedures in perjury.

You are swayed by emotions and hence may not accept my suggestion.  I find the judge is correct not to initiate the enquiry.  Please read Section 195(1)(b) and Section 340 without emotion as a neutral person to adjudicate the S.340 application moved by you.  Perhaps, you may not agree.  So, for the rest of the query, I am answering with your presumption  that the judge acted high handedly and if it is so, what is the remedy available to the victim:  As there is no Section 340 order is available on the record, filing appeal under Section 341 in the High Court is ruled out.  But under Article 227 read with Section 482 cr.p.c. and section 340 invoking the superintendent and inherent powers of the High court you can file Criminal Misc. Main application inthe High Court Judicature.  There is no time limit for such application.  But my suggestion is for you to wait for S.24 order and within 90 days from that order you can approach the HC.

Thanks Mr. Chandrasekhar. 

The point is that even before crpc 340 , I had filed CPC order XI rule 14 seeking her employment records also CPC order XI rule 1 application to interrogate certain facts which are self contradicting on face of it in various affidavits files in various cases. Judge didn't dispose of the application. On furnishing the bank account details , the petitioner now claim that is temporary job and judge readily accepting it. I even referred evidence under section 106 onus on petitioner to furnish any employment records which is best known to her. 

Finally I was compelled to file a case of CRPC 340. Inspite of various applications stated above along with citations where such applications have the judge didn't dispose of any such application.

There is not even a single order either accepting it or dismissing my application . Because on doing so he know I shall move to high court.

@ Author .

As per Section 195 of IPC if someone gives or fabricates false evidence intending thereby to cause ,or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life ,or imprisonment for a term of seven years or upward, shall be punished as a person convicted of that offence would be liable to be punished.  

So the applicant be prosecuted, tried and penalized under section 340 of Cr. PC.

To file an appeal there has to be an order from a lower court .

if your 340 is proved than your wife has to go go to jail . Most probally the judge did not want to send your wife to jail thats the reason for his rejection . ROTFL .

Generally the applicants and respondents do file fabricated and false affidavits of income whereas inflated statement of expenditure. Especially the woman applicant want to extort and move such application which find favour of the Court., knowing the judge can not deny or pass any adverse order

If the Court do not pass any order move a writ under Art 227 for specific directions to Family Court for speedy (time bound) disposal. Once the application u/s 24 HMA is decided chalk out the stretagy and proceed. 

Whatsoever, knowing well that the applicant has filed false affidavit Family Courts are generally reluctant to admit/proceed on the application u/s 340 Cr PC