ganesh (worker) 28 February 2020

False affirmation of domestic relationship in dv/perjury

1. DV petitiion falsely affirm domestic relationship hiding family court trial and subsequent order. Can i file perjury petition against DV petition?

2. Also DV petition filed after 13years of filing of case in family court for Divorce. further, DV petition does not contain specific facts and it is a mere copy from internet. I submitted divorce order to JM court in my DV discharge. JM court dismissed my discharge petition un contested and JM prefers to proceed in DV. DV contains contradicting affirmations. Appears JM has not read DV petition and not scrutinised prosecution evidence before allowing DV. How can I get to know if at all JM did scrutinize prosecution evidence before allowing DV?

Please provide me information?

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Quick Summary

This discussion explores challenging a Domestic Violence (DV) petition that allegedly contains false affirmations regarding a domestic relationship, potentially hiding family court proceedings. The user questions whether a perjury petition can be filed against the DV petition, especially when it was filed after a significant delay and appears to be a copy-paste from the internet with contradictory statements. The user also seeks to understand how to ascertain if the JM court properly scrutinised the evidence before proceeding with the DV case, given the principle that courts should not proceed on incomplete facts and the concept of 'unclean hands'.

3 Replies

Dr J C Vashista (Advocate) 29 February 2020

Incomplete facts can not lead to form an opinion and oblige.

You have already engaged / paid to an able, competent and intelligent lawyer who is well aware about facts of the case(s), what is his/ her opinion and advise ??? Why do you need second opinion and advise ?

P. Venu (Advocate) 29 February 2020

DV case is tried by civil procedure. How there could be discharge in a civil proceeding?

ganesh (worker) 05 March 2020

Thank you Advocate Mr. P. Venu for your reply....

Even DV is tried as a civil procedure.... if the DV petition contains mis/false represenation should the DV still be put to trial rather than dismissing at initial stage...? Welprol settled principle of law is unclean hands will not be heard even on their merits....so When a respondent in DV gives materials to prove intentional false hood/conspiracy to do extortion, in form of discharge petition the court is supposed to look into evidences and proceed accordingly....

Also, As per sec 28 of DV, DV is governed by CRPC... so discharge in DV is possible.

Please provide any material stating Discharge in DV is not provisioned in Law...

Thanking you,

With High Regards.