340 appln against wife dismissed even after family crt order

Dear Mr. Ramesh,

I am an engineer by profession, having stayed abroad for years. If I had opted to abide by the sentence of conviction, that would have ruined my career completely.

It is a shame for the nation that Courts are tolerant and liberal on such blatant and bold lies of females. On the contrary, had I filed a small false statement, lowest court would have tried me for perjury!!!

But alas! we males are helpless. I am waiting for the day when a judge is convicted falsely in 498-a by some female in his family.

Why should a man respect such law that exists to support a criminal wife?

Your grudges are genuine and I understand it. I have been representing Engineers like you in all such criminal and civil matters relating to marriage. I know how much one feel frustrated by the biased approach of the judges. I don't want to discuss the manner these judges got the job by political influence but the fact many of these judges are neither open-minded nor having sufficient knowledge of law.

I would suggest you to seek dissolution of marriage on the ground of cruelly as that is well established by your acquittal order and dismissal of the criminal complaint case.

The Perjury complaint can be filled by the judge in whose court the offence took place, as an informer you can move application u/s 340 Cr.P.C for the court to decide and take action. The court is having discretion to do so and by applying its discretion it usually dismisses such application unless there exists very concrete prime facie evidence against the accused person of committing perjury.

To waste time by lodging perjury or defamation complaint against the wife will not serve you much but by getting dissolution of marriage you will get freedom from such person who will be left on roads without any taker for her in future.

Court cannot dismiss S.340 CRPC is material and relevant falsehood is established. First step is to file the S.340 application to the same court where falsehood is spoken/tendered. This ideally should be done after the cross examination of witness. It must be understood that the false statement must be on oath, and must be of substantial relevance to the matter. In your case if wife says on oath that she was not working, but later on found to be working, then it is a material untruth as the same would have implications on maintenance decision. It is a sufficient ground for perjury, only thing is her employment has to be assessed whether it is some temporary errands or permanent decent job.

Dear friend, did you try out of court settlement? Most of matrimonial matters by that way only...you can file divorce..you already have and you may create many grounds for that..you can file 340 and few partially cases cases like defamation, complain case for mantle torture and so on...it will help you to be in a position to negotiate with her on your conditions to some extent...

May I ask you one more question?

How serious does High Court or Supreme Court take any incidence of document tampering.

I have proof of removal of exhibited document on record file in the case, and the same was taken away because it would have exposed the contradictions of wife in CrPC 125 in Family Court.

Please guide.

Thanks in advance