Case of perjury under section cr. pc 340
R. K. Bakshi
(Querist) 28 March 2013
This query is : Resolved
Wife stated in written statement under section 24 that she is unemployed and is at the mercy of her parents. Judge passed maintenance order. Now we have proof that she is employed in bank with salary account and filed case of perjury u/s 340. Judge very reluctantly admitted the petition. Please advise if anything will happen and will guilty be punished and maintenance order will be reversed and amount already paid will be returned? RKB
Devajyoti Barman
(Expert) 28 March 2013
If it is found that the wife lies on oath, she would be punished. however unfortunately the attitude of courts in these types of petitions are very liberal.
R. K. Bakshi
(Querist) 28 March 2013
Dear Barman ji, will it be futile exercise to press for justice or should we persue it with regour? Why such laws exist if it can't be enforced judicially ? Is it a crime to be a man in materimonial cases? The amount of harresment husband and his family go thro' is unimaginable. Give me some inspiration.
Raj Kumar Makkad
(Expert) 31 March 2013
You should persue this matter seriously as there are numerous favourable judgments for you. You should even file a revision against the impugned order before the appellate court moving an application under Order 41 Rule 27 CPC to lead an additional evidence about the service particulars of your wife so that the order may also be got cancelled and perjury petition should be fought effectively.
