Is perjury possible

Ranganath (Querist) 08 May 2012 This query is : Resolved
Ld Counsels,

A marriage was registered with 4 witnesses. 2 of the witnesses are now denying the solemnization of marriage before the court which is in contravention to their stand before the marriage registrar.

Can prosecution for perjury be initiated against the two erring witnesses. The witnesses are trying to mislead the court with an intension to favor wife that her status to remain unmarried.

Thanks in advance.

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Adv.R.P.Chugh (Expert) 08 May 2012
Dear Querist,

Any person who states anything false or something not known to be true, when he is mandated by oath or a legal provision to state the truth -commits perjury - the court where has given testimony may be moved u/s 340 CrPC for necessary action.

Guest (Expert) 08 May 2012
I think it is not possible. The witness has only signed the document and not made any declaration. He is only an attesting witness . His signature is only evidence. he is estopped from denying the signature. IT will not give rise to offence of giving false evidence. He may be turned hostile. the scope for criminal prosecution is not strong on this point.

V R SHROFF (Expert) 08 May 2012
Examine Sign thru Handwriting Expert.
If another 2 Witness says those persons signed it in their presence, it will help u.

Two witness, Registrar & you are sufficient Witnesses to prove marriage.
Prosecution may fail.

Ranganath (Querist) 08 May 2012
Ld counsels,
They are not attesting witnesses attesting only the signatures, there is a statement in the registration form both the husband and wife declare that the witnesses were present when the marriage was solemnized and they are the witnesses to marriage itsel.

ajay sethi (Expert) 08 May 2012
concentrate on main case . why you want to add to muliplicity of proceedings ?

adv. rajeev ( rajoo ) (Expert) 08 May 2012
Cross examine them and try to prove that they were present. And I agree with Ajay Sethi

Shonee Kapoor (Expert) 09 May 2012
Let go of these tactics, they hinder your thought ptocess on the main case.

Regards,

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

JANAK RAJ VATSA (Expert) 09 May 2012
the presence of the erring witnesses at the time of solemnisation of marriage as well as affixation of their signatures can be established thru other 4 present including the registrar

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