Rakesh Agr (fighter) 15 August 2017

Ipc 209

Wife has filed a divorce case where she has mentioned all false statements and allegations under sworn affidavit. All these allegations are completely false and she can never prove it.

Can husband file a perjury application under CRPC 340 read with IPC 209 denying wife's claims and mentioning that wife cannot prove anything as all allegations are false? Or is he required to prove that claims of wife are false and then only he can file perjury under IPC 209.

Second question is can husband pray to court to invoke IPC 209 in prayer of his WO. The case will be dismissed because wife cannot prove cruelty. So during judgement IPC 209 should automatically get invoked if it is in Prayer. Is it possible?

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7 Replies

Sachin (N.A) 15 August 2017

Not able to prove the allegation does not attract section 340 crpc or 209 IPC.

You need to prove that allegation are false.

Rakesh Agr (fighter) 15 August 2017

okay.If the case finally dimissed because wife cannot prove cruelty then can IPC 209 be filed saying wife filed a false claim which she was not entititled to get. Idea is to pray to court to invoke IPC 209 in prayer of WO. During judgement time when the case is dismissed then IPC 209 should automatically be invoked. As the husband stays in a different state so it would be very convinient approach.

Secondly, wife has mentioned neglect. Can husband produce few medical presciptions of good doctors & few other costly buys and say prima facie allegations made by wife is false. Is this the right approach. Wife also mentioned husband asked dowry which is completelty false. But how to prove it false and invoke IPC 209.

KS Johal 16 August 2017

It is important to stay truthful, because judges of are very experienced to determine this. Misrepresentation of facts should not occur at all (from both sides) just to beat the game.

KS Johal 16 August 2017

It is important to stay truthful, because judges of are very experienced to determine this. Misrepresentation of facts should not occur at all (from both sides) just to beat the game.

KS Johal 16 August 2017

It is important to stay truthful, because judges of are very experienced to determine this. Misrepresentation of facts should not occur at all (from both sides) just to beat the game.

KS Johal 16 August 2017

It is important to stay truthful, because judges of are very experienced to determine this. Misrepresentation of facts should not occur at all (from both sides) just to beat the game.