Can i file perjury

Bekaaar

All.

Currently in US with work visa. Wife left me for India to pursue her career after making all kinds of drama.

Initially I tried for her employment, but she did not succeed, and thereafter started to make false allegations via mail that I had tortured her physically and mentally.

As expected, 6 months after leaving she filed CrPC125 and Interim Maintenance case, claiming distressed with no source of income.

Just 15 days later, she joined work and getting handsome salary. She is not aware yet that I have proof of her employment.

Judge asked to reply CrPC125 and we did so in Dec, without mentioning about her employment. But OP's lawyer was adamant for interim, thus judge gave another date to file my reply to her interim petition.

Now, should I mention, that she came to court with unclean hands, since since April till today, in none of the hearings she disclosed her prior or current employment details.

But again, technically, she was unemployed, when she filed the case, and miraculously started job just 15 days later (maybe got her joining letter, and filed case immediately).

Anyway, so can I file perjury that party has not disclosed facts to court and/or come with unclean hands.

--OR--

should I simply mention about her employment in the interim reply and hope her interim is quashed (NEED SC JUDGEMENTS REGARDING THE SAME..IF ANY)

--OR--

should I just hide her employment in my reply and somehow coax her to take oath hoping she lies and then tell about her employment while filing perjury.

Can experts guide me, which would be a better way to nail the lie and the liar ?

 

 
Reply   
 

Technically the case was filed when she was not earning..so you cannot file perjury...can say that she got the job in a weeks time..it is possible..we know that...employers generally ask to join as early as possible after appointment letter is given.

As a good boy....You file an application u.s 127 CrPC praying for alteration of the order..(Read CrPC 127)

or 

If you want to see some fun and dance in the new year...you can keep quite and let her lier under oath...

 

For your kind perusal..please find the judgement below..it will be of great help to you incase she lies..

 

In the case of Dalip Singh Vs. State of UP and Ors. Civil appeal no. 5239 of 2002 Hon’ble SC court has observed in para no. 1 that ………….. a litigant who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final….”.

 

in para 4 the  Hon’ble SC further observed that ……..’a petitioner who approaches this court for such relief must come with frank and full disclosure of facts, if he fails to do so and suppresses material facts, his application is liable to be dismissed……..”.

 

in para 9 the Hon’ble Supreme court further observed that ……..”the petitioner approaching the writ court must come with clean hands and put forward all the facts before the court without concealing or suppressing anything and seek and appropriate relief, if there is no candid disclosure of relevant and material facts or the petitioner is guilty of misleading the court this petition may be dismissed at the threshold without considering the merit of the claim"

 

As per me, let he come and lie under oath...and then you file an petition u.s 127 CrPC..praying for alteration.revocation of the order..and please refer to this judgement in your application...your job will be done..

 

and more..please keep all her emails that she sent you..AND YOUR REPLIES TO HER EMAILS...they may be required..or use it as and when requrired..

 
Reply   
 


Bekaaar

Thanks for the reply Gautam..

But, isin't assuming that she definitely would lie under oath is again a wishful thinking...also, once she gets the interim order in her favor, seldom judges like to change or alter, provided the other party doesn't plays the killing time game.

So, maybe perjury should be filed before the damage has started, or if one is already in deep sh*t. Here, maybe just bringing the truth infront of the judge would suffice, adding that she tried to hide the facts for last 10 months, although she has visited the court herself once, but not in witness box.

Your valuable comments are required for others as well.

 
Reply   
 

CrPC 127 is applicable when the judge has already passed an order...if the judge has not passed any order..then in your replies..you can mention that she is earning as on date and does not deserve maintenance...support it with judgements...

 

Gautam

 
Reply   
 

In this case she has come with unclean hands...you can file perjury she lies under oath or under affidavit..

 
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Bekaaar

But technically, she filed for maintenance when she didn't started her job, so how can we term that she came with unclean hands ?

Ofcourse, she still maintains that she has no source of income, since she has made no such disclosure and kept court in dark, since she started working and continues 10 months back. Can this be a point for terming her coming to court unclean ??

Please share ANY SC judgement where working lady who left her matrimonial home on her own will is not entitled for maintenance. I found a few Delhi HC order, but Calcutta HC or SC would help me more.

 
Reply   
 
Legal Evangelist - TRIPAKSHA

No you can just file for amendment in the order.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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