there is no appeal against interim orders
2) you have to file writ petition in HC against family court order
Complaint petition under 340 CrPC filed in Family Court as IA
Dea Sir, I am the father of the wife referred herein. In Chennai Family Court petition for restitution filed by the husband and divorce filed by the wife taken jointly by the court. Husband filed proof affidavit with false information against the wife that she did not bring the child to the childcare centre for visitation as per order in spite of records signed by the Judge available in the court that the child was brought to the court on a particular date. Wife filed complaint petition u/s 340CrPC in the same family court for filing affidavit with false statement and filed copy of the register showing that child was brought to the court. In spite of filing all the documental evidences to prove that the husband filed affidavit with false statement the Judge dismissed the case as no prima facie. Please advise the procedure to escalate in higher court whether to file Revision or Appeal in Madras High Court. And please advise any other procedure to proceed further in this case Thank you
Asked 1 year ago in Criminal Law
Religion: Hindu
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8 Answers
If it was an IA and dismissed by family court then you may have to file a revision petition before high court to set aside the order and direct the concerned court to conduct the petition on merits
- As per law, the object of Section 340 CrPC is to ascertain whether any offence affecting the administration of justice has been committed in relation to any proceedings before or any document produced/ given in evidence in Court and whether it is also expedient in the interest of justice to take such action.
- Further, this offence must be related to the proceedings before the court, documents produced in the court of law, and evidence submitted and expedient in the court’s interest.
- Since, the said information given by the husband is not effecting the proceedings of the case , then an application under section 340 CrPC is not maintainable on this ground , and hence the court is right to reject the application
- Hence , even higher court will not entertain an application on such grounds, as it not effecting the proceedings of the case filed by the parties.
- However, you can approach the High Court against this order of the family court.
File appeal.
Follow up question to Advocate Mr. Mohammed Shahzad Sir, Husband filed affidavit with false information against the wife in the joint trial, restitution filed by the husband and divorce petition filed by the wife, Restitution petition was allowed and orders passed favourable to the husband whereas divorce petition filed by the wife was dismissed. The false information filed in the affidavit affects the proceedings and orders passed against the wife, thus this false affidavit is related to the OP and affects the proceedings. Then how it could treated as not related and how it could not be maintainable on these grounds. Please explain. And to other Advocates Advocate Mr. Ajay Sethi suggests to file Writ in HC as no appeal against interim orders, whereas Advocate Mr. Yogendra Singh Rajawat suggests to file appeal. And Advocate Mr. T Kalaiselvan suggests to file revision in HC. I am totally confused. Could I have final reply whether I have to file Revision OR Appeal OR Writ. Thank you all and everyone.
Asked 1 year ago
Filing false affidavit on oath amounts ts to perjury
The appeal under Section 19 of the Family Courts Act lies only against the judgment or order not being an interim order. The petitioner is having remedy to file a writ petition under Article 226 of the Constitution of India as even the civil revision is also barred in view of the law laid down by this Court in the cases of Aurna Choudhary v/s Sudhakar Choudhary reported in 2004 (2) MPLJ 101 and Swarna Parva Tripathy & Another v/s Dibyasingha Tripathy & Another reported in AIR 1998 ORI 173
If it was filed as a separate proceedings and not as an IA, then the decision dismissing the case has to appealed against before the appellate court.
To your horror, first of all no appeal/revision lies against such rejection.
" Husband filed proof affidavit with false information against the wife that she did not bring the child to the
childcare centre for visitation as per order in spite of records signed by the Judge available in the court that the child was
brought to the court on a particular date. "
- If the said order of dismissal is passed on this ground , then you have your legal right to file Appeal against that order
before the High Court.
- But , as per my opinion , this false affidavit filed by the husband will have its effect on the custody petition only.