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R.SHAH (OFFICE STAFF)     14 December 2015

Perjury in recovery proceeding u/s 125(3)cpc

The family court dismissed the recovery proceeding u/s 125(3) crpc file by my ex-wife as she was not appearing on october 2015 (three court dates back) which is kept for dismissal order last 5 months. however the matter is appearing on the baord on every date till yesterday date. on this date the court clerk inform me that her proceeding is dismissed but was on today's board was by mistake.
In that proceeding i already file perjury application as misc appliction on ground that she falsely claim exhorbitant maintenance arrears beyond her remarriage date without informing court about her remarriage and attached warrant also executed by her. The previous judge first reject the application stating that perjury is not committed before this court but after i filed review petition in that the said judge allowed my review petition and restored the original perjury misc appln, the court has not assigned any misc number to my perjury application and first reject that application and in review allowed that perjury application. later that judge got retired and new judge comes and said without enquiry compliant can't be filed after this i file chief examination affidavit on perjury. on later the new judge kept original recovery proceeding for dismissal order (as she is not apearing in court) knowing this i file an application stating that the court first dispossed-off the perjury applcation which is arise out of original recovery proceeding and then disimissed the recover proceeding. but judge write order "that this perjury application is a separate proceeding and can't be clubbed with this recovery proceeding. Hence application rejected"

kindly advise 
what's remedy to me to proceed for perjury application and how earlier judge allowed the perjury application and kept for enquiry and new judge rejected my application for reminding court to enquiry first and then dispossed of the main recovery proceeding but proceeding is dismissed without disposing off the perjury applcation.
it's that separate proceeding to be file for perjury and not an application in main proceeding.
Also, how come court dismissed recovery proceeding on some previous court date and after dismissal same matter was posted on board for three dates.
your prompt advise is hihgly appreciated.



Learning

 4 Replies

adv.raghavan (Advocate,9444674980)     16 December 2015

You can go for revision against the said dismissal of 340 crpc. for your second query we can sympathise , nothing more. 

R.SHAH (OFFICE STAFF)     17 December 2015

which court to file revision against dismissal of 340crpc.

it's not possible to file review peition in same court. 

adv.raghavan (Advocate,9444674980)     17 December 2015

You can file revision in sessions. i never told you to file review. 

R.SHAH (OFFICE STAFF)     20 January 2016

dear all,

update, maintenance recovery proceeding ER of ex-wife got dismissed by family court in month of oct15 as "dismissed for default, she is absent from last 1 year and appears to be not interested in proceeding. hence application dismissed.

without disposing off my perjury application in merit, main recovery petition case of her was dismissed.

i want to take action agisnt ex-wife as she played fraud upon me and family court and after exposing her fraud by way of perjury application she disappeared and not attending the court. her  recovery of maintenance arrears was got dismissed.

please advise me what remedy for me to file perjury against her. 

 


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