Human (MRA) 09 November 2013

Perjury in divorce proceedings

Have below queries:
1) Can CrPC 340 Petition filed within a running Divorce case?
2) If not under 340, under what section can a petition for a false statement in Divorce petition?
3) Can such a perjury be filed within the same case of Divorce or as a separate petition?
4) Any citation which says perjury application needs to be decided before the judgment of the main petition?

Reply Follow

4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 09 November 2013

section 340 can be filed in pending case, during the proceedings. for case law or citation contact personally with an advocate

Samir N (General Queries) (Business) 09 November 2013

I believe that you have to wait until the disposition of the main case. It would be judicious on your part to file it now and let the Court decide it whenever it wants to. You can state in the application itself that you are filing it now but that if the law requires it to be considered later, the same may be considered after the disposition of the main case. This way, you are procedurally safe. Better early then late. Worse case, you will have to refile it later.

I HOPE YOU DO GO AHEAD AND FILE. TOO MANY WIVES ARE FILING FALSE AFFIDAVITS WITH IMPUNITY. THESE PERJURY APPLICATIONS ARE USUALLY THROWN OUT OR SILENTLY IGNORED BY THE LOWER COURTS. SO YOU WILL HAVE TO PUSH AND GET A RULING AND BE PREPARED TO GO ALL THE WAY UP TO THE HIGH COURT WHERE MOST LIKELY YOU WILL PREVAIL. DO GO THERE! YOU WILL BE SERVING A LARGER PUBLIC INTEREST. GOOD LUCK!!!

1 Like

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)) 30 May 2015

@Human, Kindly share your case status & whether you filed perjury or not. I do NOT suggest going to a advocate to file perjury. The maximum effect of perjury will be there when you file it party in person. You can of course take help of any perjury expert for drafting etc but filing must be done PIP. Regarding on-going Divorce case Perjury, Many learned men & activists tried to divert me but I myself filed it alongwith WS. Second Perjury Application I filed directly in the same case through High Court / Vigilance within the case file because seeing my perjury application they started indulging into unethical practices & court record insertions through unethical means.

1 Like

Dipesh 07 January 2017

Hi my wife has sent me a divorce petition in which she has mentioned that her mom has paid me money by RTGS as Dowry which I can prove in court that MIL borrowed money from me and returned it and it wasn't dowry. I want to file a perjury case against wife and MIL but there is no signature on the petition affidavit or vakalat nama can I get the documents signed by them in court?