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Srinivas (.)     02 August 2014

Perjury can be file only in same court

Hi All, Perjury can file only same court or different court also we can file? (where accused staying place) Please advise…Thanks to all……….



 17 Replies

Arvind Singh Chauhan (advocate)     02 August 2014

It can be filed only in same court.

Ravi (a)     02 August 2014

hi,

please let me know the benefits of it.

1. will wife start worrying about it?

2. will it cause hurt to her parents?

3. will it harm the divorce filed by me?

4. can we file defamamtion , malicious procesuction after the false DV & 498a cases are closed?

laxmi kant joshi (instructor)     02 August 2014

Perjury can be filed in the same court.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 August 2014

Perjury may be filed before same court

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

1. will wife start worrying about it?

Yes, Perjury proceeding U/S 340 CrPC and offence is punishable as per IPCs those are written in 195 CrPC.

2. will it cause hurt to her parents?

If her parents have given any false and fabricated evidences than make them also as opposite parties along with your wife.

3. will it harm the divorce filed by me?

No. This will be taken as a separate miscellaneous criminal case. If she made any false and fabricated evidence in her WS of divorce then file perjury in family court also. Even if you win perjury then it is a very good "Cruelty" ground of divorce.

4. can we file defamamtion , malicious procesuction after the false DV & 498a cases are closed?

File perjury against DV & 498A and file Speedy Trial and get dispose of DV and 498A first. Then file both civil and criminal defamations to get more merit. It will not be taken as malicious prosecution.

You can file criminal defamation U/S 499 IPC read with 500 IPC as a counter attack.

 

Out of these please take filing Speedy Trial in High Court of 498A and DVA as top priority.


Please follow my each posts carefully to get complete knowledge.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

                           498A

 

There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.

Ravi (a)     02 August 2014

Thank you very much!

thank you Rocky sir for your well advises.

in my divorce petiion, my wife invoked HMA 24section to claim huge money and litigation expenses but didnot mention her job details in a pvt. school. i have got a reply from her school.

should it attract perjury? i guess so as per your information.

my lawer says to file a pvt. complaint in an MM court. is he right?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

Great!  File perjury immediately in the same family court against her 24 HMA. If your lawyer dose not file then you file it in-person.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

Ravi (a)     02 August 2014

thank you sir.

is it to be filed now? or after HMA24 order is given.

also, pl let me know the procedure to file the petition in person.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 August 2014

1. will wife start worrying about it?

Yes or No, it depends upon on what ground the perjury is filed and what is er mental makeup and how her lawyer is guiding you. Just filing a case is no guarantee that the other party would come under pressure. 

 

2. will it cause hurt to her parents?

Why would it hurt her parents?

 

3. will it harm the divorce filed by me?

No

4. can we file defamamtion , malicious procesuction after the false DV & 498a cases are closed?

There is no bar of you filing any case. Whether case is really made out or not would depend upon many factors, mere acquittal is not enough

 

in my divorce petiion, my wife invoked HMA 24section to claim huge money and litigation expenses but didnot mention her job details in a pvt. school. i have got a reply from her school.

should it attract perjury? i guess so as per your information.

Then what did she mention. If she remained silent on the issue of the job, it does not attract perjury, however if she has mentioned that she is not working, then it does attract perjury. 


my lawer says to file a pvt. complaint in an MM court. is he right?

Perjury can be filed only in the court, where perjury is committed. If prima facie case is made out, she would be bound to a magistrate.

 

 

 
 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Ravi (a)     02 August 2014

Thank you shoneeji. My wife mentioned that she has no independent income in her 24hma application. Also, please let me know if there are any judgments talking that "asking too many reliefs Amounts to cruelty".

N.K.Assumi (Advocate)     03 August 2014

I like the style of Rocky Smith responds.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 August 2014

I have updated the process for filing in-person. File perjury against Sec. 24 HMA.

Please see my each posts carefully in the following links bellow for sample petitions, filing process and other clues.

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=3#.U93DA6Om9dg

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


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