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under which section application should after win of contest divorce


05-May-2026 (In Divorce Law)
family court granted contested divorce in my favor on ground of cruelty and desertion , also wrote on order the respondent (ex-wife) testimony is unreliable , during the cross examination i contradicted the respondent with 15 documents to bring her lie is front of court. after close of case can i initiate 340 application against her and how to claim damage of cruelty and desertion
Answers (5)

Answer #1
894 votes
if you have been awarded something in the order itself then you need to file an execution petition Secondly you can definitely file case you can also file a case claiming defamation damages so that would be a separate law suit altogether but as far as the claims concerning your divorce is concerned for anything that has been awarded to you if you wish to claim that then an execution petition may be fine from your side
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Advocate Shambhavi Sharma

Adv. Shambhavi Sharma

LawRato Delhi | 50+ Answers
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Answer #2
628 votes
Yes you can file application under section 340 crpc for giving false evidence. This application will be file in the same court. Then court will entertain and conduct preliminary inquiry. For separate claim . You can file suit for damages under civil precedure
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Advocate Roshni Sundriyal

Adv. Roshni Sundriyal

LawRatoDelhi | 25+ Answers
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Answer #3
776 votes
yes you can file an application under section 340 and expose all the lies that she made in front of the court make sure to rely upon 2 15 documents that were allied upon in the cross examination in this application itself you can claim damages for cruelty and desertion from your ex wife
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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Answer #4
947 votes
Hi there, you must file a case of defamation against the opposite party which will cover the quantum of damages to your reputation due to their frivolous case. Apart from this other option can be worked up based on the actual court proceedings. Therefore, it's advisable to contact me and provide requisite details to assist you better.
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Advocate Ishan Parashar

Adv. Ishan Parashar

LawRatoDelhi | 200+ Answers
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Answer #5
681 votes
Yes, after conclusion of the matrimonial proceedings and passing of judgment, you may move an application under Section 340 CrPC read with Section 195 CrPC if you can show that the respondent knowingly gave false evidence, filed forged/fabricated documents, or made deliberate false statements on oath before the Family Court.
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Advocate Dhananjay Mishra

Adv. Dhananjay Mishra

LawRatoGurgaon / Gurugram | 25+ Answers
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