IN THE COURT OF SUB-JUDGE – X AT CIVIL COURT,

PATNA.
Domestic violence case no. 001/2020

In the matter of
ABC … Applicant
versus
XYZ … Opposite Party

Application on behalf of the Opposite Party for

seeking early hearing of the petition filed under
section 340 of CrPC read with section 195 of CrPC.

It is most respectfully submitted as under:

1. That the Opposite Party -1 have submitted an application under
section 340 of CrPC read with section 195 of CrPC for perjury
which is pending before this Hon’ble court.
2. That the perjury application under section 340 of CrPC read with
section 195 CrPC may be decided first before hearing the interim
maintenance case or any other case which has relevancy of the
matter related to the perjury application.
3. That the Hon’ble Bombay High Court in the matter of Union of
India … Petitioner. V/s. Mr. Haresh V. Milani and anr has
directed the trial court to hear the perjury application first before
deciding the other matter which has relevancy of the perjury
application.
4. That Hon’ble Allahabad High Court, in the case of Syed Nazim
Husain -vs- The Additional Principal Judge Family Court and
anr has directed the family court to hear the perjury application
first on priority basic.
5. That the Hon'ble Apex Court, in the cases of i) Dalip Singh -vs-
State of Uttar Pradesh [(2010} 2 SCC 114], ii) Rameshwari
Devi-vs Nirmala Devi [(2011) 8 SCC 249, and iii) Kishore
Samrite -vs- State of Uttar Pradesh[(2013) 2 SCC 398], held
that, “It is very well settled that a person whose case is based on
falsehood has no right to approach the Court and he is not
entitled to be heard on merits and he can be thrown out at any
stage of the litigation.”

In view of the aforesaid facts and circumstances, it is therefore most

respectfully prayed that this Hon’ble court may graciously be pleased
to: -
1. Hear the perjury application first before hearing any other
application.
2. May pass such other orders or directions as this Hon’ble Court
may deem fit and proper in the facts and circumstances of the
present application.

AND FOR THESE ACTS OF KINDNESS, THE OPPOSITE

PARTIES, AS IN DUTY BOUND, SHALL EVER PRAY.