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legaljoe68 (member)     27 June 2010

Perjury

please guide me about filing perjury against my wife who has made false statements in family court indore .'

where the perjury can be filed

1) at family court indore

2) CJM Indore

3) session court indore

4 gujarat where I stay

she has said that she is not working and i have certified relevant proof that she is employed .

She claims that she has not claimed any maintence from family court which I had deposited lthough I had deposited  the amount . Under RTI the court has not replied till date 20 days have passed .

please guide me

NJ



Learning

 4 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 June 2010

Dear Author,

I want to know some more facts regarding ur case. U can call me at 9871158578.

legaljoe68 (member)     27 June 2010

resp madam.

I got married in dec 2004 . m  wife was working in a school at indore. before marraige she said that she will leave her job but later on she resisted. She resided with me at baroda for 18 days . she asked me to come down to indore . she was hardly earning 3000/- in 2004. I was employed in govt job/ in 2005 i served her a legal notice to come as her uncles were threatening us with 498 A . Instead of approaching for rapproachment she approached family court with Sec 125 and served the summons in my office although in her application my residential address ws written.

Being a whistleblower who has exposed corruption in the deptt my Head of Office opened the summons and served the same through vig files and started series of fictitious inquiries against me in office .

They kept copies of application in vig files and on the basis of that transfered me to outstation .

Meanwhile I proved that she is working with her bankstatements . But the FC ordered an mainetenance of RS 2000/- on the basis of my status as Govt servant. Citing a High Court citation of Bhopal

I tried to contest this in High Court but could not succeed. I deposited 12 months and later on could not deposit the amount sicne my services were terminated by levelling various charges including the one that I did not joined duties.

I proved through RTI that my transfer was wrong but got late in approaching CAT , before that i was removed .

Now again she filed case under sec 24 and ssection 13 1  for maintencace hiding my earlier decision of giving RS 2000/ to her on the basis of my status.

Accordingly  I informed family court that I have lost the job

Under RTI I have proofthat she is working since 1999 and getting good salary.

Twive in year 2006 and 2010 she has lied that she is housewife . earlier in 2006 the court overlooked the perjury .

WHenever I go to appear in person the attitude of clerks as well as the judge is not a welcome one and one can make out that i am being harassed.

I want to teach my wife a leson as she has taken my job , defamed me in society and is now levelling adultery charges on me with an office colleague.

I wish to file perjury as she cannot file 498A as she left me from indore and not from gujarat . last stay was at indore . now the time lap also of 5 years so her lawyers always threaten me in court and instigate me as I attend the court in person as i do have little knowledge of law .

please guide as a female can guide better than anybody else .


(Guest)

1. Remove miss-conception here in a "gender neutral" public patform that "as a female one can guide better" This platform is a interactive platform for common people with Ld. professionals and I am quoting this with highest regards to referring to Ms. Rakhi ji here.


2. Perjury is filed before the same court where it has taken place. After filing perjury a Memo is filed to take up perjury matter first before deciding any other issues. Even after Memo not taken up by same Court and rest matters procees then one should Appeal for it either before Sessions Courts or HC. The three basic ingredients of perjury needs to be satisfied before an inquiry may commence and same Court then says expedient in the interets of justice file marked to initiate perjury against accused in the interest of justice. Evidnece and witness cross of them needs a carefull presentation in perjury matters especially in cases of matrimonial perjury for which not many matrimonial perjury cases live till date in any of the courts.


3. Since there are too many procedural laccunas you may have commited since being pleading as party in person I suggest taking help of Ld. members from database to set the wheel of perjury in motion or study more Law on subject matter you will succeed.

 

4. Your case is similar to famous D HC perjury case in re. Dhondhiyal Vs Veena by Dr. Muralidhar and parallel to Dr. Jogeshwar's reinstatement in a CAT tribunal case. Dhondiyal''s case is on S. 125 CrPC perjury committed by wife similar to your wife where he succeeded in setting up perjury wheel in motion and now his wife has filled SLP before Hon'ble SC wherein Hon'ble SC is trying for reconcilation.  Dr. Jogeshwar's case is one of those rare 16 - 19 years CAT struggle / battle case where from being in top position in Govt. services overnight he was thrown on streets full of poverty and no salary and a minor son in arms which again was decided in his favour by mr Justice Dr. Muralidhar's bench and prime facie your after narration (seond reply mail) and effects on your personal life and liberty described above have all the common features from above two cases I referred here which you should study and gain knowledge in practice.

I wish you all the best and be carefull on matrimonial perjury (first they laugh then they side you is what I mean here when you refer to court staff non cooperation) and know how and when and where it can be effectively moved and create a matrimonial precedent.

Rgds.

legaljoe68 (member)     27 June 2010

thank yu sir for your guidance and citation accordingly i will be proceding and informing ur goodself for future

guidance and advice . KIndly suggest me good lawyer at indore

nj


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