Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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340 or contempt, if false info in affidavit at highcourt ?

(Querist) 28 April 2021 This query is : Resolved 
In one of my case, Delhi HC ask me & my wife to file an Income & assets affidavit.
We both Filed it.
But the wife hides her working status in it and says she is not working anywhere. Plus a bank account and some other details also. I have very solid proof of all those.

Now, What do I file at Delhi Highcourt? Contempt of court application or 340 Crpc application or something else?
Dr J C Vashista Online (Expert) 29 April 2021
Dear Mr. Zeeshan,
What is the case where Delhi High Court has directed you and your wife to file an affidavit of assets and liabilities ?
Thanks
Pradipta Nath (Expert) 29 April 2021
If you have a solid proof, you can file a counter affidavit against this attaching all the annexure. Let then the Court decides its course of action.
Sankaranarayanan (Expert) 29 April 2021
Yes if have solid proofs then you can file before the court. on merits of the details court will decide.
Advocate Bhartesh goyal (Expert) 29 April 2021
If you have cogent proof,you must file counter affidavit in this regard along with documents.At this stage neither petition u/sec 340 Cr.P.C is maintainable nor contempt petition.
ashok kumar singh (Expert) 29 April 2021
agreed with views of earlier experts,
therefore no further comments, so far.
thanks
Asgher Mahdi (Expert) 29 April 2021
The sought query is not clear and need more explanation like that of cause of action in the case before Delhi Court where asked you to file the details.
Zeeshan (Querist) 29 April 2021
Thanks all.

@Dr J C Vashista & Asgher Mahdi
The case is 125 interim maintenance revision pending since 2017 at Delhi Highcourt.
Link :- https://bit.ly/3ey1AFu
Trivendra Kumar Sharma (Expert) 29 April 2021
Counter Affidavit should be preferred in respect to supression of facts. Additionally, if she is income tax payer, also attach TAX payment details.
SHIRISH PAWAR, 7738990900 (Expert) 29 April 2021
Hello,

You can file the "solid proof" you are having in the court. Later on, you can file application u/s. 340 crpc as your wife has filed a false affidavit.
Zeeshan (Querist) 29 April 2021
Thanks all
Confusion created.
New detailed query at :- https://bit.ly/3aN7py3
Dr J C Vashista Online (Expert) 30 April 2021
The applicant has to file affidavit of income, expenditure, assets and liabilities before Family Court but not in High Court in terms of “Kusum Sharma Vs. Mohinder Singh Sharma” in FAO No.369/1996 decided on 29.05.2017 passed by Mr. J.R. Midha, Judge, High court of Delhi which has now been superseded by Supreme court judgement Rajneesh v Neha.

No separate affidavit is being filed in revision petition, as stated by you
T. Kalaiselvan, Advocate (Expert) 20 May 2021
You have to prove that she has lied before court on a sworn affidavit either during cross examination or by producing documentary evidence during trial proceedings.
Once she admits or if the court is satisfied about her false statement then on the basis of court passing an order for playing fraud on court, you may decide further course of action for initiating steps to file a petition for perjury before the court where she perjured by her false statement on oath.


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