IN THE HON’BLE FAMILY COURT OF SH. BARJINDER PAL SINGH S.A.S.
NAGAR (MOHALI)
SriDevi Vs Sandeep
Case No. MNT125/75/2025
(Next Date ….………..)
INDEX
Sr.No PARTICULARS Page No.
1 APPLICATION TO DECIDE THE APPLICATION FILED BY RESPONDENT U/S 340 CR.P.C. BEFORE PROCEEDING FURTHER IN 125 CR.P.C IN ACCORDANCE WITH LAW AS PER HIGHER COURTS.
2 ANNEXURE A: HON’BLE ALLAHABAD HIGH COURT JUDGMENT DATED 15.12.2023 IN THE CASE OF AMIT BAJPAI VS. STATE OF U.P. AND ANOTHER
3 ANNEXURE B: HON’BLE ALLAHABAD HIGH COURT JUDGMENT DATED 09.01.2003 IN THE CASE OF SYED NAZIM HUSAIN VS. THE ADDITIONAL PRINCIPAL JUDGE FAMILY COURT & ANOTHER
4 ANNEXURE C: HON’BLE BOMBAY HIGH COURT JUDGMENT DATED 26.04.2018 IN THE CASE OF UNION OF INDIA V. HARSH V. MILANI AND ANOTHER
IN THE HON’BLE FAMILY COURT OF SH. BARJINDER PAL SINGH S.A.S. NAGAR (MOHALI)
SriDevi Vs Sandeep
Case No. MNT125/75/2025
(Next Date ….………..)
Application to decide the application filed by respondent U/s 340 Cr.P.C. before proceeding further in 125 Cr.P.C in accordance with law as per higher courts.
MOST RESPECTFULLY SHOWETH:
1. That the above-noted matter is pending before this Hon’ble Court and the same is fixed for today (___________).
2. That the petitioner no.1 namely SriDevi filed affidavit of asset and liabilities with concealed material information in 125 Cr.P.C. proceedings to mislead this hon’ble court.
3. That the respondent filed application U/s 340 Cr.P.C on dated 05.05.2023 with prayer to initiate appropriate proceedings against the petitioner for giving false affidavit before this hon’ble court and the application was registered on dated 06.05.2023 as criminal Misc. application No.274 of 2023. The application is still not decided and pending in this hon’ble court.
4. That various Hon’ble High Courts have consistently ruled that perjury is a serious offence and that applications u/s 340 Cr.P.C. should be decided first, before deciding interim maintenance and the main case. Relevant extracts from judgments have been reproduced below.
5. That in the case of Amit Bajpai vs. State of U.P. and Another, decided on 15.12.2023 and judgment annexed as Annexure A, the Hon’ble Allahabad High Court ruled that a maintenance application u/s 125 Cr.P.C. cannot be decided while application u/s 340 Cr.P.C. is pending. The Hon’ble Court ordered that “The judgment and order dated 14.06.2023 passed by Additional Principal Judge, Family Court, Court No.- 1, Kanpur Nagar in Case No.-502 of 2020 is set aside. Learned Principal Judge, Family Court, Court No.-1/court concerned is directed to decide the application filed by revisionist under Section 340 Cr.P.C., which was registered as Misc. Application No. 473 of 2022 within a period of 3 months from the date of production of certified copy of this order, and thereafter the application filed by opposite party no.2 under Section 125 Cr.P.C. expeditiously, without granting undue adjournments to either of the parties unless there is any legal impediments.”
6. That in the case of Syed Nazim Husain Vs. The Additional Principal Judge Family Court & another [Writ Petition No. (M/S) of 2002, Date of Judgement: 09.01.2003], and judgment annexed as Annexure B, Hon’ble High Court of Judicature at Allahabad, Lucknow Bench held that, “if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.”
7. That in the case of Union of India vs. Mr. Harish V. Milani and anr, Civil Application No. 2939 of 2017 in Writ Petition No. 14039 of 2017, decided on 26.04.2018 and judgment annexed as Annexure D, the Hon’ble Bombay High Court ruled that “it would be just and proper to hear C.A. No. 2939 of 2017 filed by respondent under Section 340 Cr.P.C. before deciding the Writ Petition.”
8. That therefore it is imperative in the interest of justice that the application u/s 340 Cr.P.C. filed by the Applicant on [05.05.2023] be disposed of prior to hearing arguments on interim maintenance. If the application u/s 340 Cr.P.C. is not disposed of prior to arguments on interim maintenance, the application u/s 340 Cr.P.C. would be rendered infructuous and relief would be granted to the Respondent on the basis of falsehoods.
PRAYER
In light of the facts and circumstances of the present case, it is most humbly prayed that this Ld. Court may be pleased to: a. Dispose of the application under Section 340 r/w section 195 of the Cr.P.C. against the Respondent before hearing arguments on interim maintenance.
b. Pass any other and further orders this Ld. Court deems fit in the interest of justice, equity, and good conscience.
DATED: APPLICANT
PLACE:
THROUGH COUNSEL
ADVOCATE
IN THE HON’BLE FAMILY COURT OF SH. BARJINDER PAL SINGH S.A.S. NAGAR (MOHALI)
SriDevi Vs Sandeep
AFFIDAVIT
I, Sandeep S/o Sh Rajkumar aged 44 years, R/o #xxx Sec 99 Mohali, do hereby solemnly affirm and declare as under:
1. That I am the Applicant in the abovementioned matter and am well conversant with the facts and circumstances of the case hence competent to swear to the present affidavit.
2. That the contents of the accompanying application are true and correct to the best of my knowledge and based upon the legal advice received by me through my Counsel which I believe to be true and no material information has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at Mohali on this ___ day of _________ 2024 that the contents of the present affidavit have been read by me and are correct and true to the best of my knowledge and no material information has been concealed therefrom.
DEPONENT