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Vtands (member)     17 December 2012

False affidavit by wife and now i have proof

Dear All,

My wife in her affidavit given in January 2012 in child custody case stated that -

1.She was staying at place "X" since June 2010 and was working at Place "Y" since June 2010.

and due to these submission of her she was awarded setaside of an exparte order.

2.Now I got response under RTI that she has not resided at Address "X" since june 201o and House "X" was rented out to One mr Anubhav (Brother of my ex wife) only in December 2010.

3.I also got a reply from my ex emplyer over mail and a copy of her employement certificate which states "That my ex joined the company in September 2010 and left in May 2011"-

She gave an affidavit and stated that she was working at "Y" since June 2010 and she gave this affidavit in January 2012 where as in actual she left the company 9 months back .

 

So does this amounts to perjury?

should i move an application under 340 to build pressure on them ?

will this help

please advise



Learning

 10 Replies

Goutam Prasad (Advocate)     17 December 2012

Yes the same amounts to perjury and you can move application for the same.

https://aegisjurist.com

https://facebook.com/aegisjurist

1 Like

Vtands (member)     18 December 2012

what are the subsections ?

do i have to put an application u/s 340 ,?

and rest sections be applied by court .

Regards

Vishaal

stanley (Freedom)     19 December 2012

Read section 191 to 195 of ipc and see whats suits you and file and application R/W 340 of CRPC . Everything has to be done you and the court want do the rest for you .

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 December 2012

Fair shot on perjury.

 

 

 

Regards,

 

Shonee Kapoor

3 Like

Vtands (member)     24 December 2012

Lawyer  is discouraging me from filing 340,he is saying that we should use negative things against my Ex at the time of Evidence and that i should insist on deciding the main suite by the court .

Under 340 she being a lady nothing will happen and a max of 300-500 rs penalty will be imposed as thats the trend in ghaziabd.

:(

Adv k . mahesh (advocate)     25 May 2013

Even that penalty will be used as evidence in furture arguments and you can file u/s 340 application and get the response

only a shot you are doing in either way you will be befited you are not losing any thing if you file application under 340

at the time of arguments your lawyer can stress about prejury and may argue on that point to win the case

1 Like

Vtands (member)     25 May 2013

Thnaks Mr Mahesh and Shonee (As always),Blind courts and lawas have given tools to women to put a case in every part of country and husband running to get them quashed and we see day by day its increasing despite our so much  protest,media doesnt cover properly as well.

rajiv_lodha (zz)     26 May 2013

Have u filed perjury? Ur last posts show that u planned for it 5-6 months ago? What is the current scene on that front?

Vtands (member)     28 May 2013

Yes I filed Perjury.it tok me more time as i waited for school documents from my kids school that showed address at time of his admission .The address was same where i served notices and she denied to having eever lived atthese addresses.

Right now application i sitting with ADJ for enquiry which i have been insisting to proceed.

Vtands (member)     30 May 2013

Hi,

My 340 application accepted today and judge orderd to register a Miscellaneous criminal case.

I have posted this on SIFF digest also.

I want to know what are next steps in 340 from my side to induct maximum fear in opposite minds.

also counter points to help me in my pending transfer petition in supreme court that will get listed in july first week or may be urgent if they show urgency.

 

rgds

 

V


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