Dear Experts, please provide your valuable suggestions regarding following queries:
Wife filed DV act case along with Interim maintainence application u/s 23(2) of DV Act. Allowed to pay Rs. 5000 to her from husband only. Sessions reduced it to Rs. 3000. During pendency of husband appeal u/s 29 against lower courts order, wife appeared and asked the sessions court to grant time for argument. Sessions court allowed the request and granted time to wife.
Now wife filed an application u/s 31 of DV Act before lower court, for non compliance of impugned lower court order of Rs. 5000 agaisnt husband (which was challanged in husband Appeal). The said application were supported with her affidavit, and she concealed the fact that she is appearing in husband's appeal u/s 29 in Court of sessions and it was her only, who herself asked time for argument in sessions. Meantime she filed another criminal case registered in Regular Criminal trial (RCT) u/s 31 DV Act against husband.
My question, whether husband can file a case of perjury u/s 340 rws 195 crpc for stating untrure/false declaration regarding maintaince amount and concealing true statement/ fact on oath agaisnt wife in her case u/s 31 DV Act? If yes, please help me with citations, if any ?
Best Regards,
DVK
