Dv act and perjury

Querist : Anonymous (Querist) 30 November 2011 This query is : Resolved
Respected Sir,

In case of DV act 2005, if respondent are having all the evidences that the filed complaint are submitted mere to abuse the process of law.

relevant documents are revealling all this

respondnts wanted to submit Application for purjury u/s 340 crpc for the same.

Advocate of Respondent are saying in such case court may punish her which may be penalty or imprisonment.

respondent wanted only to reveal the facts but not wanted to sent her imprisonment as she is wife and having child.

Query. is there is possibility that on filling the Application of Purjury u/s 340 she and her family may withdraw the filled complaint or punish is certain on filling such application.

plz guide as due to this frivolous not only desertion is increasing but child is growing . In-laws are terrorising unnecessarily.

I dont want to give Divorce to my wife, but wanted to avoid intentional desertion too.

thanks in advance

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Devajyoti Barman (Expert) 30 November 2011
If you file the petition u/s 340 crpc then who knows that the court after finding the fault of the petitioner may well take cognizance against her and punish in the process.
If you are still sensitive to her and do not wish to harm the mother of your child, then just highlight her falsity without filing a petition of perjury.

M/s. Y-not legal services (Expert) 01 December 2011
am agree with barman sir's view..

Raj Kumar Makkad (Expert) 02 December 2011
You may move your petition under section 340 Cr. PC but do not press it much and it is possible that your wife may withdraw such false allegation under the garb of your petition and thereafter you may also withdraw your same petition so that a good sense may prevail to her.

Shonee Kapoor (Expert) 02 December 2011
When she is hell-bent on punishing me, I have soft corner for her.

Anyways dude, in my case, my lovely wife withdrew her case, when I tried to file perjury petition.

Hope the same happens to you too.

But anyone who lies in court ought to be punished.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com