Wife lied in civil court - remedy after trial concluded ??
Shantanu Wavhal
(Querist) 15 June 2013
This query is : Resolved
i filed hindu marriage petition in dec. 2011
wife appeared on 22 / 02 / 2012 & filed following 2 documents
1. application stating that she is PERSONALLY PRESENT in court and filing vakalatnama. & requested for more time to file WS. (this documents bears sign of wife & her 2 lawyers - date = 22 / 02 / 2012)
2. she also filed Vakalatnama (this documents bears sign of wife & her 2 lawyers - date = 22 / 02 / 2012)
on 23 / 08 / 2012, i filed 1 document that i got through RTI.
it states as :
wife is Govt. Servant & she was present at her office on 22 / 02 / 2012.
distance between court & her office = 250 km.
so, it is impossible that she was present at both the places on the same day.
full fledged trial concluded in April 2013 -
my application allowed -
my marriage with this lady declared null & void on the ground that her first husband is alive and their marriage is still subsisting.
though I brought the fraud played by wife to the notice of court with documentary evidence, there is NO MENTION AT ALL about it in the judgement.
now, wife filed appeal.
i want to file perjury / IPC 191 / 192 / 193 / 196 / 197 / 198 / 199 wrt the above mentioned point.
1) what is the remedy available to me ?
2) can i file such complaint / case after the case is concluded ?
3) where to file ? in which court ?
4) will such action be maintainable ?
Kindly guide.
prabhakar singh
(Expert) 15 June 2013
"though I brought the fraud played by wife to the notice of court with documentary evidence, there is NO MENTION AT ALL about it in the judgement."
HOW YOU SO DID BY APPLICATION?
If Yes!File a cross appeal.
Sudhir Kumar, Advocate
(Expert) 15 June 2013
you should have challanged the Vakalatnama and should haveobjected to the appearanceof her advocate.
Anyway now you can :-
(i) complain to her deptt for taking action against unauthrised absence and fraudulent attendance while being 250 Km away.
(ii) challenge the judgement (even if favouring you) on this count only and get the matter remanded back to the court for adjudication of your objection on her false statement.
either way you are not going to gain anything except a high BP and restlessness.
Sudhir Kumar, Advocate
(Expert) 15 June 2013
further if she married you during life of 1st husband and this is adjudicated, you can request her deptt to take disciplinary action against her.
Sudhir Kumar, Advocate
(Expert) 15 June 2013
Further following facts are also relevant for framing another discipline case:-
(i) whether first husband is also govt servant
(ii) whether both posted at same station.
(iii) whether he has Govt accommodation.
(iv) whether she was claiming HRA.
Shantanu Wavhal
(Querist) 15 June 2013
i didnt file application in court.
i submitted my SAY to her sec. 24 application and mentioned this mis-conduct of hers
(i) first husband is also a govt. servant.
(ii) he is school teacher & she is lab technician (primary health centre) - same district - different taluqa.
(iii) she is NOT having govt. accomodation
(iv) she IS CLAIMING HRA
yesterday, i have sent complaint to wife's office.
IPC 494, 109, 417, 34 also filed against her in august 2012 - process issued against her + 6 of her kins.
she has filed 498a, 406, 504, 506, 323, 34 against me + father + mother + married sister.
she is asking 65 Lakhs for settlement.
i want to teach her lesson.
ajay sethi
(Expert) 15 June 2013
your wife may ask for the moon but she wont get it . fight cases on merit . dont file any fresh cases .
Rajendra K Goyal
(Expert) 15 June 2013
Defend the cases at present as advised by the expert Sh. Ajay sethi Ji.
R Trivedi
(Expert) 15 June 2013
If her first marriage is subsisting and you are granted relief on this account, then there is no question of 498 etcc.. Let her ask anything. Keep this order handy and submit to any one who comes to you..
But avoid any further mindless exercise with her, a lady already married and moving around, is not a worthy person even to fight with. Just send the order copy vakalatnama copy and RTI copy to the vigilance department or her head of department.
Sudhir Kumar, Advocate
(Expert) 15 June 2013
I asked whether husband has accommodation. She cannot claim HRA if spouce has Govt accommodation on the same station.
Shantanu Wavhal
(Querist) 15 June 2013
neither she nor her first husband is having govt. accomodation - neither in same nor in different stations.
Sudhir Kumar, Advocate
(Expert) 15 June 2013
then there cannot be any claim of wrongful HRA claim she can only be charged by deptt for plural marraige.
V R SHROFF
(Expert) 15 June 2013
case in ur fvr.
must have strict proof of her 1st marriage.
1st hus can put you too, behind the bar!!
Better, get what u want & forget
Shantanu Wavhal
(Querist) 15 June 2013
wife has filed 498a, 406, 504, 506, 323, 34 against me
i have filed 494, 109, 417, 34 against her - process issued - all the 7 accused appeared in court
