PERJURY/340 CRPC

Querist : Anonymous (Querist) 22 November 2009 This query is : Resolved
Dear sir

how can i use section 340 crpc in divorce case filed by my client's wife as she has wrote different stories in 498a and now in divorce case on same pretext?

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Raj Kumar Makkad (Expert) 22 November 2009
Even if different views have been taken by wife in the ongoing litigation even then if no false affidavit has been filed, no petition seeking initiation of action against her under the provisions of section 340 Cr. P. C. can be filed. You can take benefit in the litigation about her changed stands but 340 Cr. PC is attracted only if some false affidavit/false fact is agitated before the concerned court.

Devajyoti Barman (Expert) 22 November 2009
Wait till she testify in the 498A case as thereafter you could file 340 crpc petition in either of the courts.

adv. rajeev ( rajoo ) (Expert) 23 November 2009
Divorce case is civil nature you cannot use sec 340 of Cr.P.C. in divorce case. U can use different stories written in sec 498a

Adinath@Avinash Patil (Expert) 23 November 2009
YOU CAN NOT USE SECTION 340 IN DIVORCE CASE.

Legal Fighter (Expert) 23 November 2009
you can file an application u/s 340 CrPC in divorce proceedings as well but you have to prima facie satisfy the Judge that the girl has made false statement on affidavit which is receivable as evidence in Court.

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