What happens in perjury application

Whether the wife has filed the affidavit in this regard on this allegation  is merely on application. Further till the court has not decide the applicaton on the grounds interalia and mention the same in his order, the application of Sectin 340 CrPC is very tough.

Any how until it is proved in the HIgh court that the allegation are false and friviolus, then the high court will sent the case to the Magistrate being offense is trialable by Magistrate. On the other side the High court may treat this criminal contempt itself.

Hi,

The back grounnd of the case is:

• Wife filed CrPC-125 petition in family court with interim maintenance application.
• Husband filed counter for Interim application as well as for CrPC-125 petition praying to dismiss it being allegations are not possible to occur.
• Family court passed interim order and now continuing the main case and family court did not make findings on the points mentioned in the counter filed by husband.

• Husband preferred revision and prayed High Court to dismiss the entire case (includes interim and main case).
• Wife filed counter saying that Husband used to leave wife alone at home for days 3, 4 and 7 days and this allegation is not denied by the Husband in his counter in Family Court. In fact husband denied the wife allegations through his counter in family court with supporting evidences.
• Husband filed perjury in High Court pointing that wife filed false counter affidavit in High Court ...etc.

Can this perjury is valid in High Court on the false allegations made on husband that are part of counter affidavit filed in High Court. This is the single allegation in the entire petition in wife preferred CrPC-125 main petition and the interimm petition. Same ground is repeated in filing the counter in High Court revision case.

Hi,

The back grounnd of the case is:

• Wife filed CrPC-125 petition in family court with interim maintenance application.
• Husband filed counter for Interim application as well as for CrPC-125 petition praying to dismiss it being allegations are not possible to occur.
• Family court passed interim order and now continuing the main case and family court did not make findings on the points mentioned in the counter filed by husband.

• Husband preferred revision and prayed High Court to dismiss the entire case (includes interim and main case).
• Wife filed counter saying that Husband used to leave wife alone at home for days 3, 4 and 7 days and this allegation is not denied by the Husband in his counter in Family Court. In fact husband denied the wife allegations through his counter in family court with supporting evidences.
• Husband filed perjury in High Court pointing that wife filed false counter affidavit in High Court ...etc.

Can this perjury is valid in High Court on the false allegations made on husband that are part of counter affidavit filed in High Court. This is the single allegation in the entire petition in wife preferred CrPC-125 main petition and the interimm petition. Same ground is repeated in filing the counter in High Court revision case.

Perjuty applications are pressure tactics on the part of opponent and unless they prove totally falsse evideence , no problem. Defferent view of same evidence can not be perjury.

Dear Shashi Sir,

Thank you for your reply. I need little more details on your post that says: "Defferent view of same evidence can not be perjury"

I am not able to understand it's applicability to my case. Kindly elaborate. I was looking for a comment on applicability of perjury on counter affidavit in the revision case in High Court assuming that hsband has proof that husband did not leave wife even a single day .... being wife and husband live for maximum of 20 days in which wife claims that husband left her alone at home for more than 15 days, but around 15 days wife was enaged with parties, functions shoping etc for this husband has proofs like veidios of parties and functins and the wife and husband credit card transaction in the same shopping complexes...etc.

Thanks in advance.