Domestic viloence and perjury
Querist :
Anonymous
(Querist) 14 November 2011
This query is : Resolved
My wife has filed case of Domestic Violence u/s 18,19,20 and 22 of PWDVA 2005 and also filed an affadvit u/s 23(2) of PWDVA for expatre order.
In the main application she has claimed that she doesn't do any work and doesn't know any work where as she is doing work/business and I have proof to prove the same.
The case is on for discussion for Interim Maintenance
My main question is that whether I can file perjury against my wife or not in this case as she is lying on affadavit u/s 23(2) for the facts stated in mail application of Domestic Violence.
Can I file perjury now ....
Thanks in Advance
Devajyoti Barman
(Expert) 14 November 2011
Do you have any documentary proof to show that she is indeed working.
If yes, then do file petition for perjury now.
Raj Kumar Makkad
(Expert) 14 November 2011
You can file such application but first bring evidence before court that she is working lady and has filed a false affidavit malafidely.
Querist :
Anonymous
(Querist) 14 November 2011
Thanks.
Actually she is an Advocate and engaged in registration of property documents with Stamps and Registration Department and in an RTI reply from them they have provided me the list of 3-4 properties identified by her in there records.
This proof I am having.
Can we submit the same proof with Application for perjury.
Whether Int. Maintenance will be put on hold by filing perjury application.
Devajyoti Barman
(Expert) 14 November 2011
No having some immoveable property in ones name does not equate with the term - source of livelihood.
However if these properties are commercially exploited to earn a monthly income then it could be termed as income.
Querist :
Anonymous
(Querist) 14 November 2011
Mr.Barman,
You are understanding it wrong, she doesnt have any property in name but she is engaged as professional for registration of property documents for her clients....
Devajyoti Barman
(Expert) 14 November 2011
Ok, then her income is not fixed and she may very well take plea of a very small income specially in absence of any written proof of her income.
Querist :
Anonymous
(Querist) 14 November 2011
Dear Mr.Barman,
The question of less or more income for perjury is immaterial as per my view and written proof is RTI reply that she had identified those documents while registering those documents with S&R Deptt and alsopracticing as an Advocate is a sufficient proof of her earning for filing perjury for her false affadavit u/s23(2).
what are your and other experts view on this.........
ajay sethi
(Expert) 14 November 2011
did you not raise this query earlier?
Querist :
Anonymous
(Querist) 14 November 2011
Dear Mr.Sethi,
I have not raised earlier this query for perjury......
My earlier query was in regards to RTI and through which I have got information as mentioned as per the valuable suggestions given by the experts...
ajay sethi
(Expert) 14 November 2011
you have stated that the case is on for discussion of interim maintenance .
in her affidavit she has stated that she is not doing any work whereas you have found evidence that she is doing work of registartion of various documents and has identifed the parties signing those documents .
if i recollect she has not been filing income tax returns . what you have to do is ask her to produce her bank statements to demolish her case of maintenance . if her bank account shows significant inflows it will help you in demolishing claims for maintenace .
filing of application for perjury in my view should not be done now .
Querist :
Anonymous
(Querist) 14 November 2011
Yws Mr.Sethi you are very much correct that she is not filing IT Returns but my question is that she had submitted affadavit u/s 23(2) of PWDVA for exparte order.
Since it is the requirement of Sec23(2) that one has file affadavit in required format for this section and she had also done the same and she knowingly submitted false information to court in the main application and I think it is fit case for perjury.....
Shonee Kapoor
(Expert) 15 November 2011
YES, you can file perjury.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
