Perjury - sec 125 & 127

Karan sehgal (Querist) 17 December 2013 This query is : Resolved
Hello

My wife has submitted false in her 125 petition. What to do now.

Please guide. Thanks

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Nadeem Qureshi (Expert) 17 December 2013
yes you can but only one complaint u/s 340 will be applicable.

Dr J C Vashista (Expert) 17 December 2013
1. Application u/s 127 Cr. PC is maintainable after final orders on the application u/s 125 Cr. PC, due to changed circumstances.
2. If you have sufficient evidence of filing false affidavit, why did you not submit during pendency of application u/s 125 Cr.PC?
3. Whatsoever, file it now and get direction on the application before final orders on the application u/s 127 Cr.PC.

T. Kalaiselvan, Advocate (Expert) 17 December 2013
I think Dr. Vashista has asked you a meaningful question, what is your answer for that?, How do you say that the maintenance case u/s 125 is false, has it been proved before court, if so has an appeal been allowed by the higher court and the higher court has set aside the lower court's judgment/order (?), if not how will a perjury case be maintainable(?)

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