Can i file perjury if wife withdraws divorce petition?
mrgop
(Querist) 12 February 2012
This query is : Resolved
can I file perjury if wife withdraws her divorce petition after wasting two years in court? I understand that she can withdraw divorce petition at any stage of the case but I would like to know what the respondent could do in such a situation?
V R SHROFF
(Expert) 12 February 2012
USELESS!
She have right to withdraw.
If you wanted to continue, You should have counter.
Probably she want to join you, so do it. welcome her in your Life.
mrgop
(Querist) 12 February 2012
"If you wanted to continue, You should have counter."
sir, what you mean by counter in this case? Is it the reply that i filed on her divorce petition?
So, does it mean wife is free to file for divorce on any grounds and waste the time of husband then withdraw it? No relief for husband in such a situation?
Shonee Kapoor
(Expert) 12 February 2012
No. You can not file perjury.
If you want divorce, you can also institute another divorce proceeding.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 12 February 2012
if such like litigation is encouraged then none will withdraw case to earn peace by paying peace to other.
she has withdrawn case against you and you still want to continue litigation.
Raj Kumar Makkad
(Expert) 12 February 2012
Are you feeling relieved now? If yes then this is the only reward which your wife or court can provide to you.
M V Gupta
(Expert) 14 February 2012
If wife had filed a divorce petition making serious allegations against husband such as adultery, violent behavior, cheating etc, and later withdraws the petition without proving the allegations made by her, and if the husband is not really keen to keep his relationship with her, he should be entitled to file case of perjury against her; and even file application for divorce.Otherwise he will suffer a permenant damage to his reputation. Let us not paint a picture that law is one sided and husbands should suffer always.
R Trivedi
(Expert) 15 February 2012
I agree with M V Gupta, if the affidavit or deposition in anyway of wife is false, then perjury can be initiated, but the point is cognizance of perjury has to be taken up by the lower (trial) court and to be forwarded to session court. Individual cannot file per say perjury cases.
Perjury is a serious matter which is not taken up so seriously by us.
