You must file reply to application made for maintenance
Perjury application don’t file st this stage
Perjury CrPC 340
Sir, My child marriage was done 20 years ago with a girl who neither visited matrimonial home (my home) nor accepted child marriage but produced false affidavit in court and lodged false FIRs against me for extorting money two times and the police closed the cases or produced negative FR to the cases on the basis of baseless allegations both times. Now she filed crpc 125 on false affidavit totally.I have solid proofs of her telling lie on affidavit in which she mentioned two events, one about beating of her whereas that day i was taking treatment in hospital 150km far away from the event place ,another about her residing in matrimonial home permanently whereas in that time she was teaching at private school residing in her paternal home by declaring herself unmarried permanently and she declares herself unmarried in her all government documents which proofs by RTI i have. I have not replied to 125 till now. 1.Please guide me in proper way. 2.Should i file perjury340 at initial stage as well as reply to 125 on available proofs? S 3.Should i wait?
Asked 5 years ago in Family Law
Religion: Hindu
6 Answers
1. This is a fit case to prosecute her for perjury. Hence, the proceedings under 340 Cr.P.C can be instituted through a complaint case.
2. Also file your reply to the 125 crpc petition.
3. Both can be filed simultaneously.
Dear Client,
For filling false FIR, file complain against her u/s 182 IPC.
Secondly, in reply to her application, mention that she herself has repudiated the marriage on being major, and playing fraud on court on the basis of false allegation and facts to get illegal order of maintenance and libel to be prosecuted under sec 340 CrPC.
In support of reply , attached documents in which she is showing herself unmarried and at the date of incidents, you were hospitalized and on another occasion she was at mother place.
Sir first in your reply to 152 state all this information along with the fact that she is earning and she can maintain herself. Then along the reply file an perjury application against her on these grounds.
2.Yes.
3. In my view since you have documentary evidence of affidavit and the RTI records then you can file at this stage only..
If she has filed the maintenance case against you, you may first appear before court and file your counter to her petition denying all the allegations.
Allow the matter to come for trial, during the cross examination you may extract the truth from her mouth and get it recorded.
Subsequently based on the documentary evidences in your possession you may file a perjury case against her if it is possible.
1. Contest the application filed by her u/s125 of Cr.P.C. fittingly by submitting the evidence you have collected so far against her said allegation.
2. You should file the perjury case only after the fact of her false affirmation under affidavit filed before the Court is proved.
