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wifebetrayed (service)     19 January 2011

lie under oath

if wife and her family lie under oath and i provide proof against lie, can they be booked in civil case if yes which section and can anyone proivde such example where divorce was sought on flase alleagation and  when proved other vice, gulity party was punish by court of law. look for citation if available



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 3 Replies

Anil Kr Garg (Business)     20 January 2011

You'll be disappointed to know that there is no law in this country against telling lies in the court. Even under affidavit, one is free to tell lies and no action can be taken against him. If there are some indirect inferences to some breach of law, the honourable judges are never convinced of any need to proceed. Invariably, one party to a suit is telling lies and it does not matter to our legal system. If court is not satisfied with something to be true, it will simply ignore it but will never punish the liar.

neel (self)     20 January 2011

crpc 340 read with crpc 195 to file an applcation for enquiry of lying nder oath etc etc IPC 181 .... to IPC 211 some of sections.

 

But 'right' to make a case/complaint  after enquiry is not with the other party...it is the judge/oath commissioner who has to take a call.

 

Hence such offences are often condoned and the portion of affidavit or affidavit is strike off or case dismissed, but offender may not get punishment.

 

After reading on it for last so many weeks, I have come to agree that judiciary is 'right/correct' for being kind and considerate....and the authority of making complaints about perjury should be kept with judiciary only.

 

Has your wife cheated you by misrepresenting anything to you? then book a complaint.

 

If matter is grave then court does take cognizance (read: Gujarat fake encounter case, a lady became hostile witness. then she is booked under perjury.)

 

Every matrimonial matter, people tell lies (I have come to opinion that both shud simply lie and get the matter over asap.)

 

Due to perjury, Her evidence/allegation is disproved , that's all.

Arup (UNEMPLOYED)     20 January 2011

" You'll be disappointed to know that there is no law in this country against telling lies in the court. "

WRONG.

IT CAN BE ATTACKED IN TWO WAY.

(1) CONTEMPT OF COURT

(2) ACTION UNDER CRIMINAL OFFENCES.

READ MR NEEL'S ANS.


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