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Munirathnam (Scientist)     27 January 2010

CrPC-125, 498A & Perjury

Dear All,

I am planning to file perjury in court (where my CrPC-125) is running currently. Please give me guidelines for filing perjury on my wife.

She made all false allegations in the CrPC-125 petition. I have some evidences and some are existing at living place (neighbour, and some other).

Priort o file CrPC-125, she filed 498A on my entire relatives who never lived with her even single day. My relatives lived in one state and my lived in some other state. When my wife filed 498A on me and my relatives, hyderabad police did not visit crime place i.e, Bangalore. Still they filed charge sheet by doing investigation at Hyderabad. The witnesses agreed in their CrPC-161 statemnts that they never lived at Bangalore, what they said that my wife said the allegations after she went to Hyderabad after spending 22 days mf matrimonial life with me.

I am surprised how police did not visit Bnagalore (accepted by the Investigation Officer through RTI reply) for investigation.

What best can be done at this stage


 19 Replies

Munirathnam (Scientist)     27 January 2010

Kindly let me know whether CrPC-125 has jurisdiction to file. In the CrPC-125 my wife said all the allegations happened at Bangalore but she filed it in Hyderabad where she currently studying her PG.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     27 January 2010

yes she can file 125, if she stays there.

it is the investigation officer, who has to investigate the facts. he is dutybound to bringout the truths in daylight. you have every right to file a case of perjury.

Munirathnam (Scientist)     28 January 2010

As per CrPC-177,  correct me if I am wrong on the section No, enquiry and trial should takes place in the jurisdiction where the offence is happened.  Here it seems violating the procedure ...


Is there any reference whre it is explicitely mentioned that CrPC-125 can be filed where ever wife lives.


In the case of HMA and DP Act sections it is clearly mentioned that wife can file the cases where she currently lives. I did not find similar thing for CrPC-125.


Please sned some reference ...

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     28 January 2010

this relaxtation given to females.

"enquiry and trial should takes place in the jurisdiction where the offence is happened" - it is correct, but fir can be done in other place, and the thana where fir lodged will send it to appropriate thana for further action.

Munirathnam (Scientist)     28 January 2010

Dear Arup Kumar Gupta Sir, In that case CrPC-125 should be filed at the place where enquiry and trail should happen. If some where else is filed, then it should be transfered to the concern jurisdiction. Please tell me where "relaxtation given to females" is mentioned explicitely or it is taken for granted ....

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     28 January 2010

some rulling is also there. now i am unable to give it. some other mamber may give you. now it is general practice, that female get this advantage. however it will not effect on the merits/demerits of the case.

Jatin Duggal (Advocate-Uttranchal)     08 February 2010

HC (Kar) Perjury - Two irreconcilable statements proves perj

Read in this Judgment:

6. I have already referred to Illustration (b) of S. 236 Cr.P.C. which
states that a person may be charged in the alternative and convicted of
intentionally giving false evidence, although it cannot be proved which
of the contradictory statements was false. Sri Vijaya Shankar has also
relied on Umrao Lal v. State, , which is an authority
for the proposition that in a prosecution under S. 193 IPC. if the
prosecution succeeds in proving that the accused in the witness box
deliberately made two statements which are so contradictory and
irreconcilable with each other, that both cannot possibly be true, he
can be convicted of perjury even without its being proved which one of
them was not true.


"giving false evidence in any stage of the judicial proceeding". What is a 'judicial
proceeding' is defined in S. 4(m) Cr.P.C. it reads thus:

"'Judicial proceeding' includes any proceeding in the course of
which evidence is or may be legally taken on oath."

Gangawwa vs State Of Mysore on 17/2/1967


Important Judgement:


Judgment of the Supreme Court in Re: Suo Motu Proceedings against R. Karuppan, Advocate, (2001) 5 SCC 289.


1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     08 February 2010

dear muniratnanam, it is not written, it is courtsy to a lady, and you must be the same opinion with me that, we should show such curtsy always, and at last we should sacrifice our head, on their feet.

Munirathnam (Scientist)     10 February 2010

Dear Arup Kumar Gupta

I agree with you that we need to bend our head to our creaters (mother's I mean women) as long as they behave like mothers (at least as women)... right ...

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     10 February 2010

dear muni,

i told it lightly, but you are serious. each and every mother is respectable. no doubt about it. but these mothers dis regarded sometimes by their daughter in laws - it is pathetic.

Munirathnam (Scientist)     11 February 2010

Dear Arup Kumar Gupta,

There is reason to take some comments serious. But I still you are right, when women is good (not a women who does not know who is considered as women).

India is destorying day to day by the legal system running here... seems people will tkaes weapon if legal system approach them for help or action either cause.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     11 February 2010

mr. muni i agreed with you.

Munirathnam (Scientist)     11 March 2010

Hi all,

My wife filed affidavit in Supreme Court with false stateemnts. I would like to file Perjury. In which court I have to file perjury.

I believe that it is not the Supreme Court. Can I file perjury in my local area magistrate court on the false statements made in Supreme Court. Does Magistrate Court has jurisdiction to entertain the case .....


1. If ingredients (three) of Perjury you cna prove beyond doubt then in the same court where she has committed perjury is the court of law where Perjury application should be filled.
2. There are many case laws relating to perjury in matrimonial proceedings and or in family proceedings before SC which you can make use of (the essence / spirit).
3. Concerning your main que. which became off topic after a while :-) you have to prove that under Memo of Parties mentioned address she mentions is the place where she is not staying (period) your work will be done to hear the case at your home turf.
4. However least to least the relief which you can get from SC is "the particular suit will be decided on merits" again your work is done.
5. S. 125 CrPC section is base don "public policy" no point head over heels contesting it on "jurisdiction point of view" that also at expensive forum like SC.
6. Smart litigents ask for relief as hinted under para 4.
7. Rest choice and zeel all yours :-)

D. Arun Kumar, New delhi ishqindia@gmail.com

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