I am unemployed and recently the lower court has passed interim order for x amount from the date of filing.The DV case is false as I was out of India and not living with spouse for more than 10 yrs. I have few days left to file an appeal and bring stay at Thane District and Sessions court. My lawyer is not cooperating with me to take criminal action against my wife. Therefore I am seeking help from this forum as am a newbie.
-Do I need to fly perjury case separately u/s 191-195 r/w 340 crpc with 250 and 357 for false affidavit?
-Though my employment status is unemployed under interim reply, the magistrate has passed order stating that I am employed.
-My wife has kept paying guests in the Flat which is mine and receiving income around Rs 10,000. Iam not living there for more than 13 years. Yet she has approached the court for maintenance for my child as well as her.
This income was not disclosed in her application as I only learnt now from a source.
I need some tips from you members whether am heading in the right direction as I am all by myself.
1st step - Can I make application to appoint court commissioner to provide certificate about my unemployment status to sessions judge?
2nd step - I need to file application for legal aid as I cannot pay fees to lawyer to represent me.
3rd step - Do I need to reply to the magistrates order as well as interim and main application or just interim application?
4th step - Can I file perjury case in the same court or different court for false affidavit resulting in interim maintenance order being passed.
