HARBANS LAL, J.

1. This appeal is directed against the order dated 5.12.2008 Annexure p-1 passed by the court of learned Civil Judge (Senior Division) Saheed Bhagat singh Nagar vide which he allowed the petition moved under Sec.9 of the hindu Marriage Act, for restitution of conjugal rights leaving the parties to bear their own costs and rejected the application moved under Sec.195/340 cr. P. C.

2. I have heard the learned counsel for the appellant, besides perusing the record with due care and circumspection. The learned counsel for the appellant has submitted with great eloquence that after the respondent admitted in her cross-examination about her employment, salary and inheritance of the landed property, she again placed on record another affidavit dated 27.8.2008 solemnly affirming therein that she had inadvertently not mentioned about the source of income as well as employment in the earlier affidavit dated 14.8.2008. Thereafter the appellant moved an application under Sec.195 of cr. P. C. for initiating proceedings against the respondent for submitting a false affidavit before the learned trial Court, in order to get more maintenance from the appellant. The learned t