Dv & perjuary
Rahul F
(Querist) 27 March 2014
This query is : Resolved
Hi,
My wife filed a DV case in Mar 2009, against me & my whole family. She is extending the matter all the possible ways and harassing us till date. About courts action, I better keep shut up.
In Mar 2010, she assaulted my mother where is police registered case u/s 324 (where she was convicted for 1 month SP). After that she asked for rent where in DV case she got relief of 7500 as rent. Later on in Jan 2011 she left job and applied for maintenance where she was again awarded with 7000. She has joined a reputed institute as Research Associate on fellowship of 15000 and a rental accommodation of mere Rs.150/- rent. However, in Sept 2011 in her affidavit in DV case she mentioned that she is staying at Dharmashala where is she pays 7500 rent and have no job. Now I have collected all the proofs but she is extending matter on one or other pretext.. and extracting money from me.. Her evidence is over and my evidence is to start next month.. Please suggest
1- if I can file a perjury application ?
2- under what particular section
3- what right time ? I mean after mt evidence is over or before I start my evidence or when I bring in proof of her residence and job ?
4- Any other suggestion ?
5- Any citation that can help ?
Dr J C Vashista
(Expert) 28 March 2014
1. Yes, you can file a perjury application u/s 340 Cr. PC, why delayed till date?
Have faith in your lawyer for Q 4 & 5
Devajyoti Barman
(Expert) 28 March 2014
Yes and it is better to do before your evidence.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 March 2014
There are still methods to challenge the basic application itself and you can stall the matter and keep the payments in abeyance.
Now since first opportunity is gone due to time delay so now apply in lower court that the basic complaint is not maintainable and go in revision when order is passed.
Instead of going for perjury and all that which will got give you any relief assail on many mistakes and go in revision on every such mistake.
ajay sethi
(Expert) 28 March 2014
agree with DR JC vashistha
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 March 2014
There is no known history of any action u/s 340 during the case.
Even APEX COURT has declined to approve any action during the trial.
T. Kalaiselvan, Advocate
(Expert) 28 March 2014
In my opinion expert Mr.Advocate Defense is practically right. Perjury can be filed later before that nullify her claim with the strong evidences against her in your possession after which once the case is decided in your favor, you may go fir it.
Vijyant Nigam (09807349001)
(Expert) 29 March 2014
I agree with the opinion of shri vashishtha.
Its my practical experience. Last year in 2013 a dv act case was filed. I filed its written statement along with application under section 340 cr.p.c. The lady has now filed application for dismissal of her case as not press. Its my first dv case which is decided in such manner. Details can only be discussed personally.
Vijyant Nigam (09807349001)
(Expert) 29 March 2014
Why waiting so long till disposal of main case and then taking step on perjury... Courts got annoyed if husband takes any such action against wife. In one case i appeared for wife when the husband filed a perjury case before high court. I got its dismissal in spite of the fact that wife gave wrong address to the hon'ble court only for the reason tht its a family matter. Details are confidential n can b discussed personally only.
prabhakar singh
(Expert) 29 March 2014
You have sufficient evidence to prove her case wrong.Just lead it.
Guest
(Expert) 29 March 2014
Precisely advised by senior expert
P. Venu
(Expert) 29 March 2014
Though our courts, esp. the higher judiciary apparently has all the remedies for the other institutions, it practically helpless and clueless in combating the perjury and obstruction of justice that has been plaguing the judicial process at all levels.
Once perjury disappears from courts, much of the long pending cases also would disappear.
