Civil Procedure Code (CPC)

Where to file case of perjury / 340 crpc ?

This query is : Resolved 

Online (Querist)
06 May 2021

Some clarification needed. Please.

Wife filed false income affidavit at Delhi Highcourt. Hiding her workings, income, etc. Even lied at many points.
Her working as a teacher at many schools was proved at family court.

Now, where do I file a perjury application? At Delhi Highcourt itself? Or some lower court?
Note:- She had filed the false income affidavit at Delhi Highcourt only. Not at any lower court.

Advocate Bhartesh goyalOnline (Expert)
07 May 2021

Petition indr sec 340 Cr.P.C is to file in court where the opposite party submitted false evidence/affidavit .In your case you have to file petion before High Court.

Dr J C VashistaOnline (Expert)
07 May 2021

Wherever the alleged false affidavit has been filed, same court will entertain any IA.

Hemant AgarwalOnline (Expert)
07 May 2021

AGREE with above Experts Advices.

Keep Smiling .... Hemant Agarwal

Pradipta Nath (Expert)
07 May 2021

High Courts do not have power to trial any case. High Courts entertain cases on the point of law and not on the facts. As your matter is already proved (I believe in the Judgement it is mentioned), you may proceed to file IA before the High Court, as the facts were lied before it. The most High Court will either call for the records or will pass necessary orders.

T. Kalaiselvan, Advocate Online (Expert)
07 May 2021

I agree with the experts opinions that you may have to pursue the desired matter where the cause of action arose.
If the original case was tried before high court where she had submitted the sworn affidavit furnishing false information, you may seek justice and legal action against her for playing fraud on the court before the same court where the alleged fraud had taken place.

ZeeshanOnline (Querist)
07 May 2021

But different opinions.
Still confused.

Wife filled Affidavit only at High court only. Not at trial court/ Family court. What purpose did 'calling record/ serve ? Cause of action arose at Delhi high court.

T. Kalaiselvan, Advocate Online (Expert)
07 May 2021

It was suggested that the proposed perjury case can be filed before the court where the cause of action arose.
You may try that option and see what next.
If the high court rejects the application then you can approach sub-ordinate court.

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