KNK A Learner (Learning to share) 02 June 2011

Filing false DV Case can attracks perjury

Hi,

Wife filed False DV Case with all false allegations, We have solid Documentary proofs of them, She filed DV thru court that means a petition of affidavit, Can Perjury be filed at this stage? since we have documentary evidence.

Thanks in Advance

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4 Replies

Saurabh..V (Law Consultant) 03 June 2011

@KNK

Perjury can only be filed when existing cases against you is decided in your favor. Before that you application is liable to be dismissed being immature at this stage.

//peace

/Saurabh.V

KNK A Learner (Learning to share) 03 June 2011

Please refer to " Allahabad High Court Judgement Perjury application must be decided first before proceeding with the case"

Thanks

sandy velan (social coordinator) 06 June 2011

hai, is there any time bar in filing dv cases. i mean can any after passage of say 6 months after the actual incident file dv case

(Guest)

If the evidence is genuine and strong then perjury proceedings can b filed immediately. If the opposite party cannot give a strong counter of this evidence then you can even seek a stay on the main case based on the perjury.

If the court accepts the application but refuses to proceed with perjury right now, you can try a Writ at High Court (u/s 226 and 227) for staying the DV case (on grounds of fraud) till perjury case concludes.