Santosh kumar (lect) 24 August 2015

Crpc 340 not decided by family court judge

Case Summary

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My wife filed a sec 24 of HMA along with w/s and as obvious suppressed the salary . She also filed that she was not being maintained by me for last 1.5 years, while she had withdrawn 4 lakhs from my account 2 days before marriage.

I filed my objections and got her salary details and the bank statement to prove that she has withdrawn from my bank account. I then moved crpc 340 application.

ISSUE

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The family judge hasn't decided the application. As per CIVIL manual chapter 19 para 337 , he was suppose to file a Miscillaneos case and then proceeded with preliminary enquiry as per provisions of crpc 340 and section 195. He says its family court and CRPC 340 is not applicable. I gave references but still failed to convince.

I am surprised why he is not registering a Misc case. Where should a complain be filed ?

Since he has not given a order, I am not able to move appeal to HC.

He looked into salary differences, as I earn 3 times as her, has reserved a date for order. Which is going to be not in my favour. Also 4 lakhs he saying , its before she filed the sec 24. He will not consider that. Just gave 4-5 mins for hearing and thats it.

Reply Follow

2 Replies

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)) 24 August 2015

If judiciary is biased then check my second post at:-

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-domestic-violence-124445.asp

which mentions how to handle such xcenario as per my experience.

Futher, forward you 340 r/w 195 on my email for review.

NOTE:- perjury is duly applicable in family court. PRESS IT

prabhakar advocate (advocate) 24 August 2015

I do not see much of merit in your S.340 cr.p.c. in the given facts. However, your problem is that the judge is dodging to take action on S.340 application and keeping it pending, which forces you not to take appellate route, You can file Cr. M.P. under Article 227 of constitution of India directly to High Court to give a direction to the family court to register your S.340 cr.p.c. application and dispose it in accordance with law. If the F.C. after this direction dismisses your perjury application, then S.341 route will open up.

Prabhakar - Advocate

(M)9958670740