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Launcher1   02 July 2017

Can i file a complaint u/s 340 of crpc r/w 195?

The family court ordered me to pay Rs 15000 as maintenance to my wife as i was unable to prove that she was employed at that point of time. I have apealed against this order to high court. Which is pending

I have obtained her incometax records recently. An additional affidavit has been made in the high court.

Now can i still file a complaint u/s 340 of CrPC r/w 195 of IPC in the family court on my wife, her mother and a fake witness who have deposed before the court that she was unemployed?



Learning

 8 Replies

Sachin (N.A)     02 July 2017

Yes, you may file an application of perjury in trial court.

Launcher1   02 July 2017

Is the trail court in this case the family court??

Sachin (N.A)     02 July 2017

Originally posted by : Launcher1
Is the trail court in this case the family court??

 

Yes, in family court.

Siddharth Srivastava (Advocate)     03 July 2017

Firstly file additional affidavit along with application for cancellation of maintenace and one she admits, then, file complaint u/s.340 Cr. P. C. 

Ms.Usha Kapoor (CEO)     03 July 2017

As YOU HAVE ALL THE EVIDENCE THAT YOUR WIFE DELIBERATELY Mde a false statement  regardingf her employment and has been getting maintennace from you suppressing her employment before th e family court and since you've proof of her false statement such as  her PF ansd Income Tax details you can proceed u/s 340 C r./P.C  r/w 195Cr.P.c

You  can also file  a complaint to the family court regarding her false statement of her employment who if he is convinced may refer the matter to JFMC who may register the case u/s 340 Cr.PC and after a preliminary enquiry  if satisfied that ingredients of section 340 Cr,.P.,.C are  primafacie made out may proceed  to punish yourf wife u/s 195 Cr.P.C under which punishment fo r an offence u/s 340 Cr.P.C is: Life Imprisonment or imprisonment  for 7 years or upwards and fine or both.The offence u/s 340 Cr.P.C is non cognizable, Non  bailable and non compoundable.

 

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Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 July 2017

Originally posted by : Sidharth Srivastav
Firstly file additional affidavit along with application for cancellation of maintenace and one she admits, then, file complaint u/s.340 Cr. P. C. 

 

Very good reply. But I think both should be filed together in the same court. 

 

https://www.facebook.com/RockySmith4Calcutta/
 

P. Venu (Advocate)     03 July 2017

Section 340 CrPC is yet be operationalised!

Launcher1   03 July 2017

Should i make this application in high court where the appeal is pending or at the family court which has given this order??


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