Manish 23 January 2019

Divorce Case related

My wife file Divorce petition in Family court and related to my Job and Property all are false statements made in petition. what is the IPC act I mentioned in written statement?

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8 Replies

P. Venu (Advocate) 24 January 2019

You have notposted the complete facts.

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Manish 24 January 2019

Currently I'm jobless because I file case against company for termination without any notice period. First my wife file maintenance case where she make false statement that I'm working and earning 40,000 and I also have 25 Lakh FD, property at 3 different please. this all statements are false. Hon'ble judge not considered my fact and intrim maintenance pass 15000 per month. I appeal in HC now and got stay. I also File RCR to get her back. after filing RCR she immediately file divorce petition and now she mentioned that my Salary is 60000 also 25 lakh FD and 3 property which all are false n I'm currently jobless. I wanted to know which IPC act I mentioned in written statement. my current condition is worst and cannot afford any lawyer so I'm appearing in person. please guide me.

P. Venu (Advocate) 05 February 2019

Questions of fact could be decided in trial. Now that the High Court has given the stay, get the trial expedited.

Suhail suhail (LAWYER) 06 February 2019

Agree with Mr.P Venu;

You can deny the allegations and pove them wrong.

Manish 06 February 2019

Respected sir, I already denied all statements in maintenance petition and ask her to submit proof than after Hon'ble judge pass order against me of Rs.15000/- per month when I was jobless. I need some IPC section which I can mention in written statement that my wife is making continuous false statements and need to take some strict action against my wife.

Suhail suhail (LAWYER) 06 February 2019

Dear you need not mention any sections of IPC in the written statement.

Just for your information below are the sections for frauds in IPC;

Chapter XI ; Of False Evidence And Offences Against Public Justice

Sections from 193 to 210 IPC

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Indian Penal Code, 1860

199. False statement made in declaration which is by law receivable as evidence

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

210. Fraudulently obtaining decree for sum not due

Whoever fraudulently obtains a decree or order against any person for a sum not due or for a larger sum than is due, or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

P. Venu (Advocate) 06 February 2019

You are, I am afraid, pursuing a disjointed approach. Your priority, at this juncture, ought to be to establish your inability in meeting her demand as to amount of maintainance. Every thing else is secondary. Wrong approach may turn out to be unhelpful for your cause.