Perjury

Mr. Zameer, Perjury is different case. Completely independent from your maintenance case, it is punishable under Section 199 of IPC. However, it is not necessarily disposed of prior to your case. No one can certain about how much time it will take to decide the case under Section 199.  However, the case of Perjury may be tried before the same magistrate before whom your maintenance case is pending. Even for perjury your wife may be punished but she is absolutely entitled for maintenance, it cannot be denied though she lied before the Court as Maintenance is wife's absolute right.   

Perjury application made by you is premature in nature and it will be dismissed by the court at this stage. The best time for filing it is after the decision of the DV complaint. Better concentrate on DV complaint and file your reply/WS. As far her getting maintenance is concerned that may not go in her favour as she is working lady, but she may get protection order in her favour preventing you from infringing her privacy. Financial compensation claimed for domestic violence too not be awarded if there exists no evidence with regards to her suffering physical or mental injuries due to acts of domestic violence against her.

Mr.Vijay, On what grounds it can be dismissed at this stage. Can you please advise on that? I read multiple forums and came to conclusion of filing perjury since I had strong evidences. In scenario if it gets dismissed, What are chances of appeal for perjury? How appeal can be done from JFMC to higher court?

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Mr. Zameer, S.340 CrPC application is premature. Ideally it should be filed after the cross examination of deponent. During cross examination you can confront her with evidence which is contrary to her original oathed statements. 1. You should object her interim maintenance plea with these documents. 2. After the cross, you can file two application one under Such.340 and another under S.155 for impeachment too. Make sure that her cross is carried out by a seasoned lawyer who has past experience of 340 and 155. 3. It is up to the court to decide your application immediately or at the time of final judgement. Mostly it gets finalized at the end only. Courts are generally slow on perjury. So you have to push hard. As far as appeal is concerned pl refer to S.341 CrPC.

First, I congratulate you for taking action against your wife.   Thatcrimnal complaint will take ti,me .   However, in Dv also you submit all thedocuments showing her lies.   And therea re so amny case laws that the party shallbe thrown out of litigation for telinglies.

   Even though there isdifferencebeteen her salary and your aslary of 5 times,, she will not get mainteannce as she has lied.  Fight it tooth n nail.    We must teach lesson to liers.   How women dare to tell lies to the Court and obtain orders fraudulently

Keep it up

perjury needs to be linked with maintenance and if possible with 420 IPC as well. there are several judgments as per which perjury needs to be disposed of before allowing her interim maintenance fruit

also check:-

 

i fought & won dv act