Perjury case


This is regarding submission of perjury application in a maintenance case. The maintenance case filed by wife was disposed off a few years ago in which wife gave false evidence in many allegations including her job. Now, if perjury application is to be filed will it be an application in the maintenance case in the same JM court or a separate case with a different case number?
 
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file application under section 340 crpc for perjury and attach all certified copy of previous suit and documents and also attach documents in support of perjury . you can file application seperately also but its better to file in same case in same court.

 
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Thanks for prompt reply. Did you mean submit the 340 application in the original maintenance case where wife was the petitioner? Will it not require a new number or the old case number will be okay?

 
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A Criminal Miscellaneous Petition under Section 340 of the Criminal Procedure Code is appropriate in your case.

But please wait.

You wrote your wife had given false evidence.    Oral evidence or documentary one?

Perjury application is appropriate in the case of oral evidence. Courts are slow to act on such an application.    I like this.

Forgery Complaint is appropriate if it's documentary false evidence.     The forgery must have been committed before the documents are produced in the Court.     Here Court has no discretion.     It must take the Complaint on file if the Complaint is true prima facie.     This will be a separate case.

If forgery is committed while the document is under the custody of the Court, you can't file a Complaint but a Criminal Miscellaneous Petition.     Though discretion is exercised by Court here it's not so slow.  

 
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Thank you, to clarify. Both documentary and oral evidence were given by her. As per forgery, a misleading document was provided during interim maintenance to show that she was not working at a place where she had worked last. This was noted in the order wherein JM stated that 'as per document provided by petitioner, she is not working at present, hence interim maintenance is allowed'. But later it was proved that she was working in a different place when interim maintenance was awarded!

 
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Advocate

Had you established this aspect in a subsequent proceeding and had got the Order revoked?


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Her forgery is almost certain.

Prosecuting her for forgery is very convenient for you to win her whether or not the Order of the Court is reviewed or revised.

 
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Thank you for your response. I will do as suggested.

 
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I have included forgery with the perjury application. One related question. She has given false evidence regarding her job in a civil proceeding. Can I ask the JM court to give permission to prosecute her for giving false evidence in civil matter during hearing of Forgery in the JM court and submit a new application in that regard??

 
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given false evidence.

I must repeat my question regrettably.

Oral Evidence?     Or Documentary Evidence?

If Oral, perjury.

If Documentary, forgery.

The Document must have been made before being submitted in the Court.

If a Document is tampered with while in the custody of the Court, it's perjury.

If perjury, Complainant can be the Court only.     You can file a Criminal Miscellaneous Petition urging the Court to prosecute her.

If forgery, you can prosecute her.     You'll be the Complainant and it'll entirely be a differenr case.

You can otherwise ask the police to prosecute her.

 
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