JUDGMENT : VIVEK BHARTI SHARMA, J. 1. This criminal appeal is filed by the appellant/husband against the judgment and order dated 20.12.2023 passed by Judge, Family Court, Kashipur, District Udham Singh Nagar in Misc. Criminal Case No. 53 of 2023, whereby the application filed by the appellant/husband u/s 340 Cr.P.C. has been dismissed. 2. Learned counsel for the appellant/husband would submit that the appellant/applicant had moved an application u/s 340 Cr.P.C. before the Family Court, Kashipur during the pendency of misc. criminal case no. 461 of 2018 u/s 125 Cr.P.C. on the ground that in the affidavit filed by the respondent/wife in compliance of the judgment of Hon’ble Supreme Court in Rajnish vs. Neha (2021) 2 SCC 32, the respondent/wife had not disclosed the fact that she was having a professional qualification of stenography and shorthand from the Industrial Training Institute. 3. He would submit that this application filed u/s 340 Cr.P.C. was registered as a separate Misc. Criminal Case No. 53 of 2023 but the trial court erred in law in not clubbing both the proceedings together and decided the maintenance case separately by order dated 23.08.2023 while this application remained pending and was decided subsequently by judgment/order 20.12.2023. 4. He would further submit that the trial court has committed an error in dismissing the application on hyper-technical ground of not annexing the affidavit filed by the respondent/wife. 5. Heard learned counsel for the appellant/husband and perused the material available on file. 6. The trial court has rightly rejected the application of the appellant/husband filed against the respondent/wife alleging perjury on the ground that the affidavit which is the basis of this application u/s 340 Cr.P.C. has not filed by the appellant/husband and thus no conclusion can be drawn. In the considered opinion of this Court, there is no infirmity or illegality in the order impugned. Same is hereby affirmed. 7. Accordingly, the criminal appeal is dismissed in limine.