False affidavit by wife in sec 24 under sec 10

Move 340 application

Move 340 application

With all documents and details you have

With all documents and details you have

I agreed to Puja saxena but again

Is filing of 340 will heared first in diovrce case? by same judge or in same court?

only one lie from wife that is about salary is suffieciet to nail her////

 

will court will work on my application of 340?

 

 

Yes court will. File 340.

The application of CRPC 340 is joke in family court. Even the judge knows the consequence and tries to protect those lying. I am saying from my personal experience. Judge will initiate an enquiry if you file a writ of mandamous in HC and get a directive from HC. ITs when his job is at stake. If judges start prosecuting for perjury in family court , 90% of cases will get settled only with fear of criminal proceedings and 3 years jail.

Read Marwah's case carefully.   For attracting S.340 cr.p.c., the ingredients are not fully met at this stage.  Presumptions and conjectures will not take place the proof of fact.  First you have to prove that she has lied by bringing such a document which shows her salary is not Rs.1500/- but it is more than that (and exact figure you have to show) by calling her salary details from the employer. Once that fact is proved, then you can move an application under S.340 Cr.P.C. before the F.C. If he finds prima facie, then the application will be sent to MM to take cognizance and try the matter.  If the FC does not hold that perjury prima-facie, the appeal lies before the Divisiion Bench of H.C.  At this moment, as per narration of your facts, s.340 cr.p.c. does not attract and you require to take further steps if you are intended to prove the perjury charges against her.

Prabhakar - Advocate

(M)9958670740

Legal Aid Panelist - Central Delhi (Tis Hazari).

Mr Prabhakar

Let me narrate my experience . Wife files sec 24 during mediation , when negotiation failed. The primary reason was huge amount she wants as settlement. She had admitted in the w/s that she is working apart from countering my charges.

In the sec 24 petition she claims that she is housewife. Both the contradicting statements under sworn affidavit. I bring bank statements and payslips. And filed perjury u/s crpc 340 r/w 195. Court never gave any order, whether it admitted it or rejected it. Just an entry that application was filed. 

Now when i raised during hearing. Judge first says that its Family court, how will crpc 340 be applicable. when i should the rule and citations of few judgements and explained, that FC  needs only initiate an enquiry and if found prime facie guilty , instruct the registrar to file a case. 

He then said that perjury only applicable at the evidence stage, this also orally. No entry in order sheet.  He then further awarded huge maintenance to wife, without mentioning accepting her employment. He even abused me that I am acting too smart and will screw my professional carreer. 

Now I am not able to appeal under provision of CRPC 341 because no order was passed. 

Its quite evident that judge tried to protect her. Now how can I comple the judge to initiate perjury enquiry ?

Seriously perjury is a Big Joke and from my experience and seeing other cases at FC , its abuse is rampant.   

If a wife files false affidaviot then what is the right time to put a complaint * to whom? please suggest some proforma application. 

Agreed to Prabhakar advocate sir but sir i have her EPFO slip from net and that is of last one year and more than that even i got her PF number which show that she deposit PF and this is possible only when she earns more than 1500 in present time.................is EPFO reciepts that also updated form her employers/instite are not sufficient for perjury moreover i will file RTI for this soon...

If you have the EPFO receipts you can do some reverse calculation The basic salary = Employee contribution/ 12% Usually basic is 40 to 50% of net salary . so multiply that and thats the salary . Put this calsulation in a MEMO and how you derived the salary of the wife. Now ask court to direct wife to file an affidavit and salary slips where this was deducted. Once affidavit is produced.

File a Appln under CRPC 340 r/w 195 . 

The law says that they need to dispose the crpc application first. But I tried this the judge just sits on it doesn't do anything. But thats the procedure. No harm in trying this , but as a trick for exposing her false claims, win the sympathy of judge , first make judge acknowledge  in writing that she is earning, then file perjury. So judge is trapped and will initiate such proceedings.

Judge not putting in writing that she is earning but he dismiss her application under sec24 and comedy effect of this is that my wife changed her advocate and fought with him... in last hearing new advocate applied from her side....

in my WS  i did not point any counter case staement , my advocate says first try to win the case filed by her i.e make clean sweep