What is the court procedure when a divorce case is filed

975 votes

Yes the application under Protection of from DV act needs to be on affidavit always. It's mandatory. For application of section 340 crpc you need understand that there needs to contradictoey statament made on affidavit. Inconsistent statement will not make any person liable for perjury. Secondly if you have a document showing her as working in clear terms i.e. say details regarding her employer etc. You will need to print to that at the time of filing the application for grant of maintenance he was serving and this fact has been conciously suppressed by her by making false statements that she is not gainfully employed and needs maintenance for. Then you may proceed to file procewding. You need file an application under section 340 to the same court and in the same proceeding before whome the perjury has taken, then court after looking into matter on satisfaction will issue show cause notice and rest of proceeding will follow.

Advocate Ujwal Phasate LawRato

693 votes

Your query as you described is that your wife seems to be in state to leave you. She is trying to punish you in several ways. Yes you can file case under section 340 of CrPC if you already know that your wife is cheating or telling lies to the Court.

Advocate Dhananjay Ravikant Gangawane LawRato