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Mahadev Narayan Dadar   25 August 2016

False statement in proceeding

Wife has given exemption to attend court at the time of trail to get start and put evidance on the basis illness but at same time she attendted collage . is it comes under perjury as trying to avoid evidence and playing role of harras me mentally economically etc such thing was happened almost two three times frequently at time of evidence produce .


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 7 Replies

Tuhin Batra (Advocate)     25 August 2016

Yes if an affidavit along with this exemption is filed by her and you have sufficient proof to show that she attended college on that day it would be easy to start perjury proceedings against her under section 340 crpc. Regards Tuhin Batra Advocate +91 9654838120 tuhinbatra@gmail.com

Mahadev Narayan Dadar   25 August 2016

Sir it is an application for exemption given by her lawyer and I have proof.

Tuhin Batra (Advocate)     25 August 2016

Yes perjury proceedings can be initiated.
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P. Venu (Advocate)     25 August 2016

Section 340 CrPC is more or less is a dead letter. Perjury and obstruction of Justice are mere theoretical concepts. Much if the ling pending cases would have dissappeared had the Courts been serious in upholding truth and the sanctity of the witness box.

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Sidharth   25 August 2016

Originally posted by : Mahadev Narayan Dadar
Wife has given exemption to attend court at the time of trail to get start and put evidance on the basis illness but at same time she attendted collage . is it comes under perjury as trying to avoid evidence and playing role of harras me mentally economically etc such thing was happened almost two three times frequently at time of evidence produce .

 

Lie for the sake of exception does not fall under "perjury".

All lies does not come under perjury. Main element of perjury is to lie under oath and that lie should affect the merit of the case that is perjury.

Moreover if she stated that she is ill and cannot come to court it doesn't mean that she is on bed rest and will not go anywhere. Maximum you can do is to challange her exemption ground and if you suceed you can ask for fine under sec 35b cpc. and all this is more harrasful to you instead of her. 

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Mahadev Narayan Dadar   25 August 2016

Originally posted by : Sidharth



Originally posted by : Mahadev Narayan Dadar



Wife has given exemption to attend court at the time of trail to get start and put evidance on the basis illness but at same time she attendted collage . is it comes under perjury as trying to avoid evidence and playing role of harras me mentally economically etc such thing was happened almost two three times frequently at time of evidence produce .





 

Lie for the sake of exception does not fall under "perjury".

All lies does not come under perjury. Main element of perjury is to lie under oath and that lie should affect the merit of the case that is perjury.

Moreover if she stated that she is ill and cannot come to court it doesn't mean that she is on bed rest and will not go anywhere. Maximum you can do is to challange her exemption ground and if you suceed you can ask for fine under sec 35b cpc. and all this is more harrasful to you instead of her. 

Sir, Thanks but i want to show her intation which clearly showing that she is delaying  case and do 'nt want to put evidance and not interested in trail becouse court alrady passed interiam. where i am facing ecomomicaly and mentaly hassament. i  am going to court Pune to Beed and She is staying near about 10 kms from court at the same time she is attending collage which distance is more than 15 kms. in this situation such incident will afffect to file complaint of laying or perjury in the court.

 she is playing with court and law on sympthy and relief given by law her.

Sidharth   25 August 2016

As suggested you can only pray for fine and argue these points if she again fies for exemption. but cannot do anything effective.

 

You should file an application in the court to follow the provision of 309 crpc.

Click below for section  309crpc 

https://indiankanoon.org/doc/1645292/

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