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metallic person (Other)     07 March 2017

False affidavit in high court by wife

My wife has filed application to bombay HC regarding transfer of divorce case to another district. But while filling affidavit in HC she had put all false things. The complete affidavit is based on false things and we have proof for the same. Next hearing is on Oct 2017 for same. Is there any way by which I can apply for dismissal of her petition based on false affidavit before next hearing..


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(Guest)
Originally posted by : amol kamble
My wife has filed application to bombay HC regarding transfer of divorce case to another district. But while filling affidavit in HC she had put all false things. The complete affidavit is based on false things and we have proof for the same. Next hearing is on Oct 2017 for same. Is there any way by which I can apply for dismissal of her petition based on false affidavit before next hearing..

Hire good advocate and prepare counter.  Am sure her plea will be dismissed if countered properly.

Tejas   08 March 2017

I think, You May file your own separate application (in the same Transfer application case) U/S-340 CRPC R/W relevant IPC sections and pray HC to take action. Refer –Prosecuted Wife for Lying for Maintenance”. Gujarat HC – Crl App 7666/2016 dt 20-10-2016 Sejalben vs Gujarat State.

  • In civil Case if any Criminal matter arises, then that Criminal matter has to be decided first. Before H court decides transfer application, your application U/S-340 has to be decided first. Read 7 Judges Bench- SC Case in last para- M. S. Sheriff vs State Of Madras  Equivalent citations: 1954 AIR 397, 1954 SCR 1229

dr g balakrishnan (advocate/counsel supreme court)     21 April 2017

u have to prove by evidence how her affidavit is false; else no way pls sir. 


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