Can perjury apply in divoce cases ?

supervisor

Respected LCI Experts,

Wife filled divorce unde sec 13 (1) (i)

I given counter reply .

wife file interim maintenance.

I given counter reply.

I filled sec 23 A for relief.

Wife deposit her witness.

Now I.A. are pending.

Can i file perjury on the basis of false allegation provided in Plaintiff ( as already wife deposit her witness).

 

Kindly guide me sir,

Thanks and regards

 
Reply   
 
Lawyer

You are not the judge to decide your wife's allegations, mentioned in her Application for Divorce? In every Suit/Petition/Application aggrieved party makes allegations and it is subject to adjudication. How can you file perjury on this basis.? 

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You have to prove it through proper evidence that perjury had been done.

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Thanks

 
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supervisor

@ Shri. Anil upadhyay sir,

Thanks for your kind reply.

Sir The Plaintiff itself contains contradicts statements  for some points (which serves as evidence as per HMA sec 20)

Based on that also and adding to that for the balance allegations i have documntary evidences.

is all this  suifficient to file me Perjury?

 

Kindly guide me sir,

Thanks,

 
Reply   
 
Lawyer

Mr. Sankar you have to point out such contrary statements/evidence before court, with proper supporting documents/evidence in support.

.

Thanks

 
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supervisor

Thank you for your valuable advice and Precious time.

Many thanks,

 
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supervisor

sir,

kindly guide me under which section in civil procedure code the Perjury came.

Thanks,

 
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Lawyer in Hyderabad.wats app no.9989324294

The Indian Penal Code (IPC) under Section 191 defines perjury as giving false evidence and by interpretation it includes the statements retracted later as the person is presumed to have given a false statement earlier or later, when the statement is retracted. Under section 191 of IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment. However, action against making a false statement should be initiated during the trial itself, and not at the end of it which may take a long time. That may be a deterrent against persons who intentionally mislead the court or make false statements under oath or file tainted affidavits much against the public good.

 
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supervisor

@ Shri. Ramachay sir,

Thanks for your valuable advice sir,

Is it Possible to use the Criminal Procedure code sections for Prejury in Civil cases (Divorce case).

Kindly guide me sir,

Thanks and regards,

 
Reply   
 
Lawyer

Perjury is a crime defined in IPC and every criminal proceeding is stated in Criminal Procedure code.

.

Thanks

 
Reply   
 
supervisor

@ Shri. Anil Upadhyay Sir,

Can Cr.P.C Section for Prejury is Used in Civil Cases ?

Kindly Guide me sir,

Thanks,

 
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