Sunil Patil (Engg) 18 April 2011

Secn 340

Hello everyone,

Need your inputs on following query.

Wife has filed a interim maintenance claim. While everything has been countered by me with proof, wanted your opnion on the following facts and if Scen 340 can be applied.

1. She stated that my married sister was living in the same matrimonial home - countered with residence proof of passport.

2. My father aged 67 is working and does not need me - countered by prbiding his voluntary retirement 10 years ago from service.

Can I file section 340 read with IPC 199 for perjury?

Thanks,

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4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 18 April 2011

Even though you have refuted claim of the petitioner wife with cogent documentary evidence even then you have no chance to bring the matter under section 340 Cr. PC because claim made in the pleadings of one party can be rebutted by another and merely pleading of some wrong facts ipso facto do no attract 340.

Damayanti (Unemployed) 18 April 2011

Adv Raj Sir has given a very useful information,

if she tell lies about herself and which are within her knowledge then it applies.

E.g. she knows that she is working and earningas well, but tells court that she is unemployed and not earning anything etc

Sunil Patil (Engg) 18 April 2011

Thanks. Both the points I mentioned were within her knowledge as she has claimed that during the matrimonial period that we stayed together my married sister was staying with me and my father was working.