Ajay Sharma (none) 19 September 2016

340 crpc, fraud in family court

My dear Lawyer friends,

My wife filed false affidavit and made incorrect statement on oath. Her falsehood was established beyond doubt in the final order of grant of maintenance.

Secondly and most importantly, one of the Exhibits produced by me in Defense was removed from record file of the case and was not noticed by the court while making final order. I have proof of such replacement of original document by photocopy in court records.

I have been clearly acquitted in 498-a case by HC.

My questions:

1. What action woudl be taken by court if I brought this to the attention of the changed judge in family court.

2. In spite of recognizing her falsehood, court did not initiate any action of 340 CrPC on wife. Can I challenge final order of maintenance to be cancelled in same court from where it was issued?

3. Wife has put application u/s 125(3) CrPC in family court for execution of order. Can I still challenge final order of maintenance to be cancelled in same court from where it was issued?

Thanks in advance

Reply Follow

4 Replies

Sachin (N.A) 19 September 2016

Dear Ajay,

It is very common attitude of the trial courts that they donot take any action on perjury. If you want them to take action you have to appeal in appeallate court.

Ajay Sharma (none) 19 September 2016

Dear Martin Sujay,

This is how criminals are born in the society. I am innocent yet law is forcibly declaring me a criminal. I will fight till I die!!!

Dear Sachin,

Thanks for your reply. I have already taken up this issue in the HC, and waiting for hearing to be held in the case.

MARU ADVOCATE (simple solutions for criminal legal problems -- yourpunch@gmail.com) 19 September 2016

There is no legal history of sucess of any 340 case in a running matter.any where in India.Those suggesting such action kindly provide the case details.

The last effective case law judgment of SC discusses this problem in great detail but in the last says it is not practical. .People do not read the whole judgment and read the portion and give opinion.

In your case and similar cases like yours of other sufferes it is possible to avoid payment of maintenance on the twin ground that you have never mistreated the wife and second you are willing to take her. How to do it is matter of planning and tactics.

The matter can be taken even upto SC level and it will be great help even to others.

we can help you in this matter, pl contact by email giving all the details.