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Zameer   29 September 2017


My wife lied in her DV application about her job status and there are other significant lies as well. Hence instead of filing reply I have filed the 340 crpc perjury case against her and have submitted the proofs to same court. Most importantly She lied about work status and showed herself as housewife being an MBA graduate. I got very strong evidences like RTI replies from PF commisioner and other Govt documentary evidences to prove my claims to show that wife is lier. How JMFC court will look at this application? There is huge salary gap between me and wife. I earn 5 times more than her. How JMFC court looks into it while deciding maintenance? What would be their approch ? We stayed together for 1.5 years and no child.

How much time it will take for final order of perjury?  Does court dispose this application first before interim ? Or if in any scenario if its rejected what are my options for appeal in higher court and how do we do it?

Kindly advise.





 7 Replies

SHREY DAMBHARE   29 September 2017

Mr. Zameer, Perjury is different case. Completely independent from your maintenance case, it is punishable under Section 199 of IPC. However, it is not necessarily disposed of prior to your case. No one can certain about how much time it will take to decide the case under Section 199.  However, the case of Perjury may be tried before the same magistrate before whom your maintenance case is pending. Even for perjury your wife may be punished but she is absolutely entitled for maintenance, it cannot be denied though she lied before the Court as Maintenance is wife's absolute right.   

Vijay Raj Mahajan (Advocate)     29 September 2017

Perjury application made by you is premature in nature and it will be dismissed by the court at this stage. The best time for filing it is after the decision of the DV complaint. Better concentrate on DV complaint and file your reply/WS. As far her getting maintenance is concerned that may not go in her favour as she is working lady, but she may get protection order in her favour preventing you from infringing her privacy. Financial compensation claimed for domestic violence too not be awarded if there exists no evidence with regards to her suffering physical or mental injuries due to acts of domestic violence against her.
1 Like

Zameer   29 September 2017

Mr.Vijay, On what grounds it can be dismissed at this stage. Can you please advise on that? I read multiple forums and came to conclusion of filing perjury since I had strong evidences. In scenario if it gets dismissed, What are chances of appeal for perjury? How appeal can be done from JFMC to higher court?


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R Trivedi (     30 September 2017

Mr. Zameer, S.340 CrPC application is premature. Ideally it should be filed after the cross examination of deponent. During cross examination you can confront her with evidence which is contrary to her original oathed statements. 1. You should object her interim maintenance plea with these documents. 2. After the cross, you can file two application one under Such.340 and another under S.155 for impeachment too. Make sure that her cross is carried out by a seasoned lawyer who has past experience of 340 and 155. 3. It is up to the court to decide your application immediately or at the time of final judgement. Mostly it gets finalized at the end only. Courts are generally slow on perjury. So you have to push hard. As far as appeal is concerned pl refer to S.341 CrPC.

Anamika Vichare (Practising Lawyer)     03 October 2017

First, I congratulate you for taking action against your wife.   Thatcrimnal complaint will take ti,me .   However, in Dv also you submit all thedocuments showing her lies.   And therea re so amny case laws that the party shallbe thrown out of litigation for telinglies.

   Even though there isdifferencebeteen her salary and your aslary of 5 times,, she will not get mainteannce as she has lied.  Fight it tooth n nail.    We must teach lesson to liers.   How women dare to tell lies to the Court and obtain orders fraudulently

Keep it up

1 Like

Sonipat Boy   04 October 2017

perjury needs to be linked with maintenance and if possible with 420 IPC as well. there are several judgments as per which perjury needs to be disposed of before allowing her interim maintenance fruit

also check:-


i fought & won dv act

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