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aisha (fin adv)     28 November 2009

contempt of court / Pejury

 "Can my  Husband and the other woman can be tried for pejury" . My husband gave false affidavit in high court n dist court , but the other lady gave false affidavit to my husband and further he submitted that in dist court.
Now my querry:
1 Both of them can be tried in one complaint
2 what is the jurisdiction for filing as false affidavits were filed at different courts at different places

3 can i file in high court / dist court

4 Is pejury different from contempt of court as i have moved one complaint in high court against my husband for filing false affidavits in highcourt. he has filed two affidavits in high court with different stand , one he says he is not married to me and married to other lady , 2nd he only married to me


 



Learning

 3 Replies

N.K.Assumi (Advocate)     29 November 2009

Filling false false affidavit in the court is punishable under the Indian Penal Code, and it amounts to perjury, and is punishable in the court where it is filled. Contempt are of two kinds civil contempt and criminal contempt and is different from perjury. Regarding your last question about your husband blowing hot and cold, if you are really married to him no need to go to the High Court, as that is a disputed question and usually High Court does not go into disputed or debatable issues. For your husband blowing hot and cold just make a declaration under section 34 of the Specefic Relief act to declared that you are his wife.

K. Rajendra Prakash (Advocate)     05 December 2009

I agree with Assumi.

shrikant chede (law officer)     11 January 2010

I agree with Assumi.


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