420 case

Querist : Anonymous (Querist) 01 January 2012 This query is : Resolved
My wife filed a false case of Divorse , her affidavate is also inconsistent with the pray. Afterwards in order to gain more maintenance she has filed a police nc and chage the police record after receiving from police station and submitted to the court. Her advocate also threaten me in the court as they want i should pay their fees. can i able to file 420 case for filing fake affidavite against both my wife & her advocate. Can i able to file a police complaint against them.

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DEFENSE ADVOCATE.-firmaction@g (Expert) 01 January 2012
Take proper legal advice and keep cool and try to demolish the evidence of the other side instead of venturing in offense.

Raj Kumar Makkad (Expert) 01 January 2012
If your wife has filed some fabricated document then this is the fittest case wherein an application under section 340 criminal procedure code can be filed before the same court but this cannot be done against the advocate of your wife. If any threatening has been given to you then bring this fact to your lawyer who shall ensure that you do not face similar situation again though it is a fact that litigation charges as fixed by court are to be borne by you while facing petition filed by your wife under section 24 of HMA.

V R SHROFF (Expert) 01 January 2012
Opposite party may file False Affidavits.
It is your job to prove it is false.
Otherwise it is proved that these affidavits are true, and court pass judgments / order against you.
Cross Examination is the only weapon that you can use now.
After successful cross exam, and her contradictory statement on oath, you may apply u/s 340

ajay sethi (Expert) 01 January 2012
it appaers that parties while trying to settle personal scores are dragging advocates into the mess . as pointed out by experts your remedy is against your wife

Advocate M.Bhadra (Expert) 01 January 2012
At the time of trial you can examination of complainant,witness and also cross examination thereof which would help you to defend and make it prove false under sec.195 and 340 Cr.P.C.But you can not any complain against of your wife's advocate in this respect as in petition is her own declaration,lawyer is only an identifier.

Deepak Nair (Expert) 02 January 2012
You can disprove the evidence in examination if it is false or fabricated. If the evidence is proved to be intentionally fabricated by your wife, then you can take actin against your wife as advised by the experts above.