Crpc 125 & crpc 340
anjum
(Querist) 20 March 2015
This query is : Resolved
My wife filed CrpC 125 on with false substantial fact that she hasn't been earning. She was able to get interim maintenance in her favour as I didn't have the evidence to prove her wrong at that time.
Later on, I got her employment evidence and filed Crpc 127 along with Perjury CrpC 340 against her.
CrpC 127 is being considered but Hon'ble Judge is saying that its premature for Perjury as there hasn't been evidence/cross examination stage as yet. He gave reference of some Marwah case.
My lawyer also seems to be agree with him but I feel it's being MATERIAL FACT and Interim award has been won by award so Perjury should be maintainable.
Please suggest. Thanks
SAINATH DEVALLA
(Expert) 20 March 2015
UR court is wrong in interpretation, once U prove that she is having a standard source of income,the interim relief can be suspended by the court as further proceedings do not have impact on it.
Devajyoti Barman
(Expert) 22 March 2015
Well, to establish perjury verbal evidence is not required. Even false statement on oath is enough to attract perjury. The order of the court on this count is bad and hence amenable for challenge in higher court.
SAINATH DEVALLA
(Expert) 22 March 2015
Barmanji,
I presume perjury will be accepted only at the time of evidences and cross examination.
Anjum,
It is quite surprising that U were not aware of her employment in the initial stages.
