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aman rajput (others)     02 January 2012

False statement with affidavit under sec.24 of hma

Its now been almost 1.5 years my wife had left me and staying with her parents....I tried so many times to bring her back at my home but she refused to come with me ...atlast i filed restitution of conjugnal rights under section 9 of HMA in reply of which she filed application of maintainance under sec.24 of HMA by giving false statement with the affidavit in the court that she had no source of income and is totally hand to mouth and currently depending on her parents income for her living....Sir anyhow by the grace of GOD I have arrange to taken out the incometax return filed by her from I.T. department and have present the same on the next hearing date in the court in return of which her lawyer has withdrawn the application of Sec.24 from the court immediately on the next hearing date.

Now Sir its important to mentionthat she had only filed the application of maintainance under section 24 of HMA in the court  by giving false statement with the affidavit but hadn't pressed that application further in the court and immediately withdraw the same as I have produce the income tax retun copy filed by her in the court

Now I wanna ask can i file another new application on the next hearing date in the same court to convict her of filing the false affidavit in the court  though she hadn't pressed the Sec.24 application further......just to make pressure on her for further not filing any case against me  like case under 498A and domestic violence case?????.. .......if yes under what sections?????? and is there any time barred condition to file the application of perjury in this regard in the same court?????? waiting for your earliest reply and further recommendations in this regard.........

 
 


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 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     02 January 2012

Yes you can file an application to initiate the legal proceedings against the petitioner.

aman rajput (others)     02 January 2012

Rajeev Ji the petitioner its important to say that the petitioner hadn't pressed the application further and have withdraw the same i the court....... Can i still initiate the legal proceedings against petitioner ??? if yes under what sections can i initiate my legal proceedings ??????????? and is there any time barred condition to inititate the legal proceedings against the petitioner???????????????

aman rajput (others)     02 January 2012

Rajeev Ji its important to say that the petitioner hadn't pressed the application further and have withdraw the same in the court after i produce her IT returns ....... Can i still initiate the legal proceedings against petitioner ??? if yes under what sections can i initiate my legal proceedings ??????????? and is there any time barred condition to inititate the legal proceedings against the petitioner???????????????

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2012

Dear Mr. Rajput

you can file an application with affidavit before the court under section 340 Crpc read with section 182 of IPC

feel free to call


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