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KSPankajavalli (business)     20 September 2012

Perjury and defamation against muslim wife

These are list of false/contrary statements made in various complaints by a muslim wife on her husband


1) In one of police complaints a muslim wife states that


"She was aware that her muslim husband was married, divorced before he got married with her"


in another police complaint and DV act complaint she says


"she was never aware of her husbands earlier marriage or divorce and she was cheated by him by hiding this fact"

 

2) After intial few complaints to police station, the councelling was given to husband and wife. After counceling she returned to matrimonial house for just one week. (which goes to show her husband was not impotent)


Now she goes files a DV act stating her husband never had matrimonial relation ship and he is impotent.


Husband is also ready to get medically tested and prove he is not impotent and perfectly elibible for marital life.

 

3) In DV act wife has mentioned that her husband owns a bunglow of worth 4 crores and stated a much higher montly salary with the intension to melt more money as relief


But the actual fact is he(husband) doesnt own any property and only his father owns a house worth 1.5 crores


Also husband's salary is much lesser than wat is given in DV act complaint by her wife.


4) She has give her relatives address as her own address and filed a DV act case

 

Queries

a) Can the above 4 points are enough for the husband to file perjury and defamation case against her wife?

 

b)If all the above points are proved in court by her husband, then what is the most likely punishment that could be given to wife and her parents?

 

c)What the perjury and defamations IPC sections the above above 4 points come under ?


 



Learning

 4 Replies

MADURAI LAWYER (LEGAL CONSULTANT)     20 September 2012

 

Punishment for giving false evidence in a judicial proceeding is imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine under Section 193 of I.P.C.

Punishment for defamation is simple imprisonment  for a term which may extend to two  years, or  fine , or  both under Section 500 of I.P.C.

 

E.Mail: info@jeevaganadvocate.com
Mobile: + 91 98421 97857 and +91 98428 16527

https://jeevaganadvocate.com/contact.php

dr.pawan rajyan (member and secretory)     20 September 2012

you can quash her complaints based over contradictions you mentioned.you can file perjury based on evidenances you have.about punishment agree with adv.jeevan

KSPankajavalli (business)     05 December 2012

Thank you !!!

KSPankajavalli (business)     05 December 2012

my advocate says chances of quashing the case in the madras high court is very less and it might be waste of time and money. he says high court would simply reject quashing by saying prove them @ lower court itself during trail court...

Could you please give your valuable suggestion on my chance of winning quash @ Madras high court based on contradictions I had mentioned.


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