dns (mo) 06 January 2016

Perjury application in dv case but new judge opinion dife

A REQUEST TO LEARNED MEMBERS TO ADVISE ME .

i had filed perjury application after recieveing the complaint in domestic violence actin delhi .Wife claimed for maintenace saying she dosnt work ,affidavit was attached with the application .I filed WS and perjury application --judge accepted .Next date written argument were presented by me for perjury and judge asked for the complainent to provide reply for the perjury to be submitted by the complainant .Now judge has changed ..New judge says that i will have to take perjury application back if the complainant shows in the income affidavit that she is working .

My query --

1.First judge has already heard my perjury complaint and written argument s and asked my wife to file reply .How canthe new judge now say to take back perjury complaint ?

2.the initial complain that was filed in DV act for maintenance already had afidavit attached --doesnt it amount to statement on OATH ?

3.What should i do ?

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2 Replies

Sidharth 06 January 2016

Dear Quriest,

It is very difficult to win/ proceed under section 340crpc against ladies especially in trial court

You need not to take back your application.

Let her come with the reply. It will all depend during which period she claims that she is/ was unemployed. And what is her current employment status.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 06 January 2016

The new judge is seducing you.

She have written that she is unemployed. If she now submits that she is working then it is proved that she and her lawyer willfully perjured and mislead the court process.

Never withdraw your petition. If new judge says then prey him to write it in the order-sheet. Then take the certified copy of that order and appeal or file revision in High Court against that order.

Please see my post on Perjury FAQs carefully in my profile links.