Dear Experts, please provide your valuable suggestions regarding following queries:
Wife filed DV act case along with Interim maintenance application u/s 23(2) of DV Act in May 2010. Allowed to pay Rs. 5000 to her from husband only in Nov 2010. Sessions reduced it to Rs. 3000 wide order in March 2012.
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 taking advantage of above time granted from Sessions Court for argument; filed another criminal case u/s 31 of DV Act (in December 2011) before lower court, for non compliance of impugned lower court order of Rs. 5000 against husband (which was challenged 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 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 untrue/ false declaration regarding maintenance amount and concealing true statement/ fact on oath against wife in her case u/s 31 DV Act? If yes, please provide me right procedure along with help me with citations, if any ?
Best Regards,
DVK
