Dv case and falsity
navin
(Querist) 18 December 2011
This query is : Resolved
Respected all,
plz guide If husband having sufficient evidences of falsity of filled Affidavit and complaint. all paras are false and statements are not true.
1)in such condition facing trial / filling application for falsity which one is good way?
2)as it may possible wife will drag the matter unnecessarily for years which is one best way to harass mentally and economically?what husband shall do?
thanks in advance and hearting gratitude
Raj Kumar Makkad
(Expert) 18 December 2011
1. Even if the contents of the complaint and supporting affidavit filed by wife are false, the husband is not exonerated from his legal duty to file its reply. if he proves the contents false then its consequences shall have to be faced by wife.
2. Husband in the given matter has no option but to file an application under section 340 of Criminal Procedure Code against her for filing false affidavit before court whereon a FIR can be got lodged by court against her at its own motion.
Devajyoti Barman
(Expert) 19 December 2011
1. If the statements are false on oath, made willfully and that too to mislead the court in her absolute advantage=ge then filing petition u/s 340 crpc is appropriate remedy.
2. The DV case can not be dragged for long.
V R SHROFF
(Expert) 19 December 2011
Navin,
During trial, you have to prove false allegation.
Court will only note: this is TRUE & that is FALSE.
Even if you prove , the Aff (on oath) is false and offence u/s 191-197 of IPC, for fabricating & giving False evidence, misleading the Court, Court usually ignore it. Reason:
In almost all Court cases, to win their case, Both parties file False Affidavits!!
Court had to decide what is truth.
Basic facts of your case are:
1] you are husband & SHE IS YOUR WIFEWIFE
2] That you are not maintaining her at present. {w/o Her Fault, harassing, act violence: she claim.}
3] That there is strained relationship, and she is unhappy with all of you.
4] She claims mtn. residence, her jewellery, gold & belongings,
AND THERE IS NO DV ACT TO PROTECT MAN. , EVENTHOUGH THEY ARE VICTIM.
what husband shall do: Ans: Keep Cool, bear it. All Allegations are false, and is a product of Fertile imagination of Advocates. Your Wife had nothing to do. It is a job of Advocate, and you also leave it to your Advocate what to reply. Throw away all these from your mind, get relaxed. It is a chess-game. You are a pawn.Just be where you are unless players move you to higher position. You don't think, Let Player use their head.
In DV ACT, COURT IS PUNISHING THE VICTIM ONLY!!
Guest
(Expert) 19 December 2011
Valuable advice by the experts.
Shonee Kapoor
(Expert) 20 December 2011
Yes it can be dragged for years, you can file for 340 for perjury against her, if grounds are made out.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
