Perjury u/s 340 crpc
Rabin Adhikari
(Querist) 11 March 2013
This query is : Resolved
During divorce proceedings u/s 13 HMA, applicant husband filed a petition u/s 340 CrPC against the wife for concealing her employment and other facts. The Civil Judge (Sr Division) though granted the decree of divorce in favour of husband and held that the wife is working, did not discuss about the 340 Petition in his Judgement & decree. However, the Judge in terms of a separate order on the perjury Petition, declined to entertain the same stating " the petition is misplaced". No appeal could be filed in the next higher court or high court as the concerned advocates though promised but backed out saying that there is no cases so far filed under 341 CrPC category. already six months passed after the judgement. WHAT IS THE COURSE LEFT FOR perjury case against the divorced wife as the blatant lies for which 10 lakh permanent alimony was allowed should be nullified and the Courts cant close their eyes on such contemnors.
ajay sethi
(Expert) 11 March 2013
the judge has given a finding that perjury application is misplaced . it is necessary to go trhough the reasoning adopted by the learned judge before giving any opinion in this matter
Rabin Adhikari
(Querist) 12 March 2013
I stated very clearly in my post. The Judge used only one sentence, " the petitioner has filed one application under 340 CrPC on....... . I find the same misplaced and the application is dismissed". Thats all.
Devajyoti Barman
(Expert) 13 March 2013
The order seems to be without any reason. Challenge this order in Revision wither in the sessions court or the high court.
Rabin Adhikari
(Querist) 13 March 2013
Yes sirs i want to challenge the unjust orders. But now 6 month passed. (The High Court advocate somehow refrained though i asked him to prefer appeal/revision within a month from the date of the order). Can you please show me the way out.
I want to fight it out upto Supreme Court as blatant lies and perjury if allowed like this the element of justice at least available to a few in this country would vanish and it will be a mockery.
Rabin Adhikari
(Querist) 13 March 2013
Else if revision/appeal of the unjust order is not possible bcoz it is timebarred, whether a private complaint case can be filed in the Civil court under appropriate sections like 199,200, 209 of IPC ?
Raj Kumar Makkad
(Expert) 13 March 2013
Limitation can be duly condoned by high court if there is reasonable cause which is present in your case so instead of filing a separate criminal complaint it shall be better to avail the opportunity of high court and then restore the complaint case of prejury.
