Legal Question in Family Law in India

Dear Law Experts,

I have filed RCR in Nov 07, wife has filed section 24 in aug 08, then false 498a etc. in sep 08

Section 24 disposal had taken place in June 10.

I filed RTI at CBSE in Nov 10last week, after getting knowledge of my RTI from her school then my wife have given application on 23 December 10 under151 stating that it was happen by mistake or typing error and her earlier Advocate suggested her that she will get same status as I do have and done that as she do not have any knowledge of law but she asked him only for counsel fee. ( Present Advocate is from Nov 09) then again she claimed same as earlier in her rejoinder after my objections.

She had also filed sec 27 and there is a list of all bogus expense of Rs. 15 Lacks. I do have a proof that they have done only expense of 4-5lacks as per by her father own statement, as I had TEP to I.T while proceeding of TEP he said that and I do have that statement in writing by CPIO of IT and as per his office his income in that finical year was 3 lacks, not taken any advance & lone in that year for any purpose, He has not shown any expense of his daughter marriage @ his office in that year movable and immovable property form.

As well as the fact that she has been deliberately avoiding to appear in the proceedings by moving an application for adjournment pleading her illness while she had been working and attending school where she has been teaching. (As she is present 6 time at school as per attendance register photo copy which I got through CBSE by my RTI)

I do have relevant and ample material which has thrown the light that the applicant has resorted to material concealment and has made false statement on oath in shape of an affidavit, deliberately before the Hon'ble Court which commit an offence of perjury but is also committing contempt of the Court as provided under Section 15 of the Contempt of Courts Act.

My Q is May I go for 340 will it work.

May I go for 1 case of 340 by clubbing all above or two different case of 340 one for sec 24 and one for 27

Is any one may give a petition idea as till date i my self is doing my case at family court.


Asked on 2/16/11, 11:13 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

if both cases are pending in the same court, you may file one 340 cr p c application. You have to high light the false statement made before the court and then compare it with the admitted position you have precipitated through RTI. The court will order an enquiry and then forward a complaint to the magistrate having jurisdiction.

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Answered on 2/16/11, 12:51 pm


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