Perjury case u/s 340 as counter case.
harshit
(Querist) 01 November 2015
This query is : Resolved
Dear sir,
I am harshit from lucknow,UP.first,
I want to brief about my case.
Married in 2001.A female Birth child in 2003.This greedy women Mostly lived in own parent house.Case 125 crpc filed by my wife in 2006,at bnkdist.up.In march 2007,she came after compromise by court. During this period she shows pregnancy and gave a birth of male child.after that she filed a separate 125 crpc case for this male child maintenance.
After 6 month she again went her home,and filed criminal case on me and my family members, 498 a,523,and dowery act etc. I got arrest stay from HC,lko.. Then I filed divorce sec-13a, 2008 at lko. and I got ex-party from family court lucknow, at Lucknow,up, in 2009.Now I got married and wedlock of one male child.
After that, she filed a restoration case, saying i dont have any knowlage abot this case. I filed counter case 340 crpc on this case,This case run upto 2014, and this case also kharij or dismiss, due to filing of counter case u/s 340 sec. and also abcence of her.
The maintinance case of bnk is running stil.Here, I also filed counter case u/s 340 on sec-125 case along with so many contradictory evidence as she given as PW1,PW2 etc.which clearly show that these all cases are fake/furjee.
Due to 340 case , no judge want to take any action against this lady.and henc passed 3 years giving date and only date.I want to decide with permanent alimony. but this lady asking 25 laks. and judje is also fevoring to her. which is just not possile for me.I am giving only 4 laks. but she is not ready and haressing. beacuse i have to go to other dist. for attending case.
since divorce had been decided by family court lucknow, which was filed by me at lucknow.but 125 crpc is still pending at other district as in barabanki dist. filed by my ex-wife.On this case I have filed a Perjury case u/s 340 as counter case. but from past 5 years judge has been not taken any action even she has also not filed any reply against this 340 case. Judges are favoring/taking side to this lady and just passing date.
My question is that :
1). Can I file a proposal for permanent alimony before Hon'ble family court barabanki subjecting and praying that this case should be decided under (one time settlement )permanent alimony Under change circumstances of the case.
2. If I file this proposal, then, under which section I can file.
Pls. suggest.
harshit
(Querist) 01 November 2015
Pls. advice.
R.K Nanda
(Expert) 02 November 2015
query too long.
Rajendra K Goyal
(Expert) 02 November 2015
What is the advice from your lawyer?
Before any advice full case file need to be referred.
However, proposal of offering one time alimony not recommended specially when she is demanding very heavy alimony.
Your lawyer may prey court to proceed ex-party / dismiss if she is not attending / responding to proceedings.
K.S.Srinivas
(Expert) 03 November 2015
Yes. You can file. Section 25 of the Hindu Marriage Act confers jurisdiction on the Matrimonial Court to grant permanent alimony.
Dr J C Vashista
(Expert) 05 November 2015
Is it a story or query, be precise or consult your lawyer.
