Confession before court
Knowledge Gainer
(Querist) 20 August 2011
This query is : Resolved
If the petitioner wife confesses before the Court and accepts that the certain allegations such as demanding dowry, mental & physical harassment, non-provision of food and showing blade were wrong and just to have divorce from the respondent and now we are taking divorce under mutual consent, than will court take any action against petitioner such as contempt of court, Perjury or any other action or the Court will just accept the confession and pass the decree?
ajay sethi
(Expert) 20 August 2011
if your wife has confessed that she has made false statement on oath she is guilty of perjury . however it is in your interest to adopt a magnamious attitude take divorce and forget about the whole epsiode .
under section 195 of Cr pc court has discretion to take cognizance of offence and can order prosecution
under section 340 CR Pc court cna take action suo motto or on application made before ir trail will be before magistarte on basis of court sanctioning prosecution
offence of perjury must be deliberate and intentional then only will court sanction prosecution
Koumarish Bhattacharya
(Expert) 20 August 2011
I do not find anything which may be labelled as contempt of Court here. If one obtains divorce on mutual consent, he can not initiate proceedings against the other as in a divorce in mutual consent, one has to depose on oath that the divore is mutually agreed upon and there is no collusion or connivance between the parties. In such a case, it would be proper on the part of the Court to initiate proceeding suo moto.
Kiran Kumar
(Expert) 20 August 2011
rightly advised by Mr. Sethi.
now as far as matrimonial cases are concerned when the matter is being resolved by way of mutual consent, it will not be appropriate to drag the matter further.
your proposition is a double edged weapon, it can cut either way....the court may take a suo moto step but the court will hesitate.
