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Zameer   08 January 2018

False dv and 498a

Advise needed on below sequence of events. I am facing false498a and DV and have all evidences.
Nov- 16 : Wife filed False 498a
Jan-2017 : I filed Tax petition and was successful
April -2017 - Tax notice to FIL and MIL, FIL got Heart attack. MIL got high BP. Both in BED now. Enjoying 35th Honeymoon.
Feb 2017 - Wife filed false DV, She is MBA and was working but lied and claimed as housewife.
May -2017 - I got RTI reply from PF commisioner about her employer and PF statement.
June-2017 - I filed for quashing FIR, its still in process, no chargesheet yet.
July 2017 - I got DV summons, Appeared, Mediation done and  failed.
Aug 2017 - Wife filed Divorce, Still shows housewife.
Sept 2017 - I didnt filed WS in DV, but 340 CRPC application.
Nov-2017 - Wife replied to 340 CRPC, matter is now for argument.
Lies of Wife as below for 340 CRPC:
1)Workstatus Lie - My defence is that I have PF reply via RTI
2)Expense in marrige lie - My defence is that ITO in RTI reply says marrige expenses not correct.
3)She alleged me that I dont want to keep her -My defence is that Police responded in RTI that husband ready to keep her.
4)She lied that I used to take her entire salary - My defence is that Her bank statements shows, salary always with her.
5)She alleged me that I forced her to leave job - My defence is that there was a chat in Google where she says She herself want to leave job.
There are many more lies.
Now, judge asked her to file say in perjury, She changed lawyer and have some local well known lawyer whom is known by judge and has face value in court. They lied again in reply as well mentioned she is doing temporary job.
My questions:
1)Did I do correct thing in filing perjury at this stage.
2) What are chances of JMFC court to dismiss my application
3) What sort of orders JMFC court can give.
4) Kindly share relevent Supreme court/Bombay High court judgement which would help me.
5)  I am thinking of defamation case against my in laws. Does jurisdiction matters in defamation case, I am thinking to put it in my native place Where my parents reside currently.  What sort of documents required to process it. I have strong documentary evidences by which I can nail them. It would be great  if u can share the format/ template with me.Kindly share defamation sections.
6) In worse situation like perjury dismissal, Can I go to high court directly, If yes, what is process.


 1 Replies

R Trivedi (     12 January 2018

How is any of these lies relevant at this stage? You have filed 340 a bit early. You should have cross examined her based on your homework, and should have sought her impeachment as witness as well as perjury. Now the court may either hold your application or dismiss the same at this stage. The point is that these lies do not abate criminal cases against you at this stage.

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