ktkaran (maanger) 03 June 2014

340 sent to cjm against wife for trial

Dear All,

340Crpc. against my wife was registered and after enquiry sent to CJM.

Brief - Xparte order was given by trial court in child custody in my favour ,wife got it set aside u/s0rder9 rule13.After 1.5 years of order set aside i got documents which nailed lie of wife that she had lied on affidavit& I moved 340Crpc. against her which was registered & now trial court has found her guilty & sent to CJM.

Now my query -

1.-Can my xparte order be restored as now 340 is registered against same order

2-If yes how to move for restoration of that order.

Regards

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3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 June 2014

Unfortunately, these two cases are different and would need to be fought seperately.

Regards,

Shonee Kapoor

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ktkaran (maanger) 05 June 2014

ok shonee ji but someone told me that since perjury has been committed w.r.t.. to a particular oder therefore it becomes a continuing offense and order against which perjury has been committed can be recalled by the concerned court.