FALSE STATEMENT IN COURT

KAMARAJ BHARATHY G (Querist) 30 July 2008 This query is : Resolved
ONE ADVOCATE FRIEND HAS GOT INFORMATION FROM HIS CLIENT OVER PHONE THAT SHE WAS UNDER ILLEGAL CUSTODY OF HER HUSBAND IN A HOSPITAL. ON THAT BASIS ADVOCATE HAS GIVEN INFORMATION TO WOMEN MOVEMENT, IT HAS FILED HEABEUS CORPUS PETITION IN HIGH COURT. IMMEDIETLY THE HUSBAND HAS THRETENED HER TO GIVE FASLE STATEMENT IN THE HIGHCOURT WHILE SHE WAS PRODUCED. DUE TO HER HUSBAND'S THRETEN SHE HAS GIVEN FALSE STATEMENT THAT SHE DID NOT GIVE ANY INFORMATION TO THE ADVOCATE FOR RESQUE HER AND SHE HAS ADDED THAT ADVOCATE HAS GIVEN FALSE STATEMENT TO THE WOMENS MOVEMENT. HENCE THE hcp CLOSED. NOW THE WIFE HAS FILE DIVORCE PETITION AGAINST HER HUSBAND IN CRUELTY GROUND IN THAT PETITION SHE HAS INDICATED THAT DUE TO HER HUSBAND'S THREDEN SHE TOLD LIE IN HIGH COURT.

MY QUESTION IS THE ADVOCATE FRIEND CAN FILE CRIMINAL CASE AGAINST THE HUSBAND FOR THREDEN HIS WIFE TO MAKE ALLEGATION AGAINST THE ADVOCATE. IF THE COMPLAINT IS POSSIBLE IN WHAT PROVISION HE CAN FILE PRIVATE COMPLAINT OR POLICE COMPLAINT KINDLY GIVE REPLY

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deepak kumar (Expert) 30 July 2008
the wife can file a case against her husband for threatening u/s195A of the IPC.
this case can be filed before court or before police both.

advocate or any other Person can give information of commission of a cognizable offence to police u/s 154 of the CrPC. However it would be better if the wife comes forward to lodge the case otherwise the advocate can give information to the police

hope this resolves your question

www.advocatesdiary.blogspot.com

Guest (Expert) 30 July 2008
There are many previliged communications between a client and advocate. It is a misfortune that clients turn up and go back on their words and promise. The advocate should be more careful. Hence forth when you recieve information on phone write a letter confirming the information and dispatch it. Later they cannot go back.

puneet (Expert) 31 July 2008
the wife can file a case u/s 341,342,506,190 of ipc against her husband and the wife can go to police or can file a complaint u/s 200of cr.p.c to the illaqa megistrate i think i have given u my best thanks

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