Can i file case of false evidence against my wife
P.C.gupta
(Querist) 29 September 2010
This query is : Resolved
Dear Experts,
My wife filed a false 498a case on me & on my whole family,our whole family suffered with this case for nearly 3 year.we were jailed for one week.Then after She & her parent were need of big lumsum money and they came down for settlement. At last we made settlement and we decided for divorce also in that agreement.After this she turned hostile in 498a case and case was closed.Now it is one year happend, i want to file a false evidence case on her u/s193 IPC.Pls suggest is it possible now and if so wht will be punishment for her.Can i win the s/193 case.Any obstacles i have to face?
note:Mutual divorce case in court at present.
Devajyoti Barman
(Expert) 29 September 2010
I do not think that the statements albeit false in FIR would attract proceeding u/s 340 of crpc. Only the statements on oath are taken into account. Moreover you by making the compromise may have also withdrawn the allegations against her.
P.C.gupta
(Querist) 30 September 2010
clauses related to permanent alimony and divorce were in comrimise agreement.
Ajay Bansal
(Expert) 30 September 2010
AGREED WITH DEVAJYOTI.
Advocate. Arunagiri
(Expert) 02 October 2010
Not only the statements given on oath, any statements in connection with the case which were filed before the court u/s 202 CRPC is an offense u/s 193 IPC. The APEX court had held that the enquiry u/s 202 is a part of judicial proceedings. So a case can be filed for false evidence.
P.C.gupta
(Querist) 04 October 2010
Pls provide me related cases \ or any judgment copy of u/s193.i will be thankfull to all.
