Hello Experts,
I would like to seek your opinion/advice regarding a Maintennace Case filed by my wife.
The MC was filed in 2013 and a judgement order was issued in her favour in 2014, allowing a huge monthly maintenance. During the proceedings, my wife has given false information regarding my job and income but was not challenged by my advocate during her cross. She just said she cannot provide a document in support of her statement on my job and income. However the judge considered her statement regarding my income/job and based on that ordered a huge amount as monthly maintenance (Rs. 25000). And i was not examined during the proceedings. Anyway an appeal was filed in HC and I got an interim stay on condition of paying 10000/- each, which is still being paid. Other cases like divorce EP etc are ongoing.
My question is...can I file CrPC 340 (or any other sections as applicable) against wife now for giving false information in her proof affidavit in 2013? Since I did not challenge her statement that time during the case proceedings, will this reason prevent me from filing a case u/s 340 against her now?