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MRRpersonality (Knows very little about Indian laws)     07 August 2012

Perjury in family courts against women not recommended ?

In the GWA petition my spouse has falsely claimed jurisdiction by stating that the child joined petitioner and has eversince been living there.   All the document proofs to prove otherwise has been submitted to the court in the form of statement of preliminary objections.  Justice will take it's due course to prevail.

 

However, my question is related to perjury.   My lawyer has been against filing a perjury petition against a woman in a matrimonial case, as it would yield no result.   According to him, he was talking from statistics and judge perceptions point of view.   Instead, he was convincing me that the judge would order a cost or penalty on the erring party.

 

I am not interested in punishing the erring party, but I am wondering if it is ethically right to let off perjurious petitions with no retaliation.

 

I am still not clear on the consequences of a perjury petition.  Kindly clarify/advise accordingly.



Learning

 3 Replies

Tajobsindia (Senior Partner )     07 August 2012

1.     What is beyond "run of the mill pleadings" ld. brothers will convince husband not to try. Whereas the opposite is not true when a woman litigant is encouraged to file multiple cases whether required or if there any cause of action.
Reasoning:
A
. Majority want to continue their practice and be in ‘good books’ in the same Court as you are just one short term client to them.
B. Majority donot know how effective ‘perjury’ as matrimonial offence is.
C. Majority donot have hands on experience in running “perjury” cases in matrimonial laws.
D. Majority think if ‘perjury’ proved the end of other cases fees from same client will be short lived. 
E. Majority include atleast 15% “perjury” matters in petitions without which “admission” of suit matter in matrimonial Laws they find difficult to plead at admission stage. “Hazoor ladka 5 lac kamata hai koi liability nahi hai siwa uski biwi ki” is “run of the mill” pleadings.  No matter boys father may be on death bed in a expensive
Cardiac Hospital since before even the cases started and just because DIL refused to look after ailing FIL she fled to natal home and files XYZ case!!!
F. Majority husbands after over researching gets convinced that “perjury” is one and only one, one stop all off the counter syrup to their wife’s case(s) in the begining of "evidence" stage in Court.
G. Majority husbands get into traps of "ethics" vis-à-vis "morality" and just to justify their inner turmoil’s they feel if I file "perjury" I will not like "her" to be punished but it was a small glimpse of “retaliation” strategy to shout before all in Court that wife did "perjury". I mean where 'ethics" comes when there are three ingredients of "perjury" in a suit matter evident and one has all the proof thereto - think aloud now and either stick to softness or harshness in matrimonial proceedings and there is no middle path in litigation be it matrimonial or otherwise one opts for!

2.     There are matrimonial cases where not only mother of child lost the custody case but ended up paying 2 L as cost for filing frivolous case and wasting court and natural father’s time.

3.  There are matrimonial cases where not only wife sentence in perjury allowed by HC as well as SC but same case ended up into MCD as per terms of husband/his side.

 

 

 

 

3 Like

MRRpersonality (Knows very little about Indian laws)     07 August 2012

It is a master piece of response, thank you!   I recommend collecting thoughts put it in the form of an Article for educational purposes on LCI that will promote deligent use of perjury where required.

 

I get the feeling that more perjury cases will eventually lead to less litigation and an eventual loss of professional fees to the lawyers.  Well my lawyer also thinks there will be more retaliation in the form of more lethal legal terrorism, which in all wisdom might be better to avoid.  

 

I am not a typical hard liner, and being so I suffered significantly.  Learned my lessons and I know what I must do now.

Ranee....... (NA)     07 August 2012

Informative discussion.Thanks MRRpersonality for initiating.


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