Does 340 crpc apply to family court

Querist : Anonymous (Querist) 12 June 2011 This query is : Resolved
Does 340 crpc apply to family court, can husband make an application against false peition made by wife.
Is discretionary or mandatory for court to consider husband application.

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Advocate. Arunagiri (Expert) 12 June 2011
Yes. it is applicable.

Querist : Anonymous (Querist) 12 June 2011
Is discretionary or mandatory for court to consider husband application.

Guest (Expert) 12 June 2011
the provision of section 195 of Cr.P.C. applicable. So you have to make an application and the court will decide the matter under discretionary. if it refuses make a direction before high court to take action in this aspect.

Devajyoti Barman (Expert) 12 June 2011
It is judicial discretion and not capricious or whimsical discretion which guide the court to dispose of an application.

DEFENSE ADVOCATE.-firmaction@g (Expert) 13 June 2011
but you have to prove false evidence, mere allegation will not attract 340.

Querist : Anonymous (Querist) 14 June 2011
your advocate , i do agree I need to prove fact for 340, I anyway need to prove to get out of 498a,

I have wife sms, bank statement, video recording, audio recording , witness and report from govt hospital, plus to scare me they mention in FIR i came to their to ask for dowry. I never visited her state leave alone hosue during that duration.

Let see what happen....

Jitendar Kumar gupta (Expert) 16 June 2011
yes by mentioning all the fact and supporting documents you can file application U/S 340 Cr.P.C.

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