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Vinay Shrivastav   20 October 2021

dv act false fact

if the complainant give the false fact that is she shows her suns age 19 adult but the sun is under 18 minor,can dv complaint dismissed? and plz suggest any citation if available

 3 Replies

Adv Praveen Kumari (Advocate)     21 October 2021

any statement given on oath is found to be false, you can file purjury on that case in the same court ,if she found guilty, case will register in appropriate sections against your wife .For Detailed query you can contact me.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 October 2021

You can file purjury case on your wife for false information to the courts. The Indian Penal Code, 1860 defines Perjury in Chapter IX "OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE" under Section 191. The punishment for the offence of Perjury is defined under section 193 of Indian Penal Code, 1860 as SEVEN YEARS of imprisonment.

minakshi bindhani   21 October 2021

As per your concerns!

Section 191of the Indian Penal Code explains that giving false evidence means a person bound by oath or express provision of law, to tell the truth, makes a false statement or a statement that he doesn’t believe to be true or believes to be false. False statements or evidence given by a person can be in written form or otherwise (oral or indicative) shall be punished under section 193 of IPC.

Under section 193 explains the provision that whoever intentionally gives false evidence in any of a judicial proceeding, or fabricates false evidence to be used in any stage of a judicial proceeding, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine; and
Whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either descripttion for a term that may extend to three years and shall also be liable to fine.

For instance, A, in an enquiry before a magistrate to ascertain whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of judicial proceedings, A has given false evidence.

Occasionally when a person under an oath before the magistrate intentionally gives a false statement, it is considered as contempt of Court as well

The domestic violence case is not based on the fact only on the age of her Sons. Thereby, it will not be dismissed on the ground.

Hope it is helpful!
Minakshi Bindhani

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