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Fighterr 26 (GOVT.)     29 June 2014

Help in filling crpc 340 read with crpc 195 (perjury)

Sir

my wife filed 498a and crpc 125 in march 2011 and appril 2011 respectively in the same court.

CrPC 125 History:

Application filed on 4 appril 2011 in ACJM COURT. first summoned on september 2011.  I filed opposition on october 2011. Interim maintenance odered on may 2012. In  her side she stands 3 witness she, the marriage registrar and one of her relative. The marriage registrar did not attend the court. In my side I was the sole witness and submit 10 medical documents in a firisti (list of documents) signed by both the lawyer. But in the argument date my lawyer betrayed with me he did not exhibit these documents which clearly says that she is 100% telling lie. Then final order passed on 20 may 2013 and in judgement the judge clearly told that I did not even file a single documents though I claim that I have so many documents to show to proof my claim.  THEN I FILLED RTI IN HOSPITALS AND POLICE DEPARTMENT AND GOT REPLY. Then I filed review to addl district judge and attached these RTI reply also which clearly proves that she misguided the court and told 100% lie but application rejected. Then I approach KOLKATA HC application accepted and maintenance reduced and direct the girl to file affidafit for contesting. My petition is pending in the HC.

NOW CAN I FILE PERJURY IN THE ACJM COURT OR OTHER COURT?

HER LIES ARE:
 1.She told that she was swallowed poison forcefully and tried to kill by burning on 01 December 2010 BUT MY  RTI CLEARLY PROVES THAT SHE DID NOT SWALLOWED ANYTHING POISIONOUS.

2. She told that she got unconscious after the incident that is why she could not told the incident to the doctor BUT MY RTI ( ALSO MY MEDICAL DOCUMENTS) CLEARLY PROVES THAT SHE WAS NOT AT ALL UNCONSCIOUS.

3. She told that she had to admit in the XXX hospital on the same day and transferred to $$$ hospital on the same day BUT MY RTI PROVES THAT SHE WAS NOT ADMITTED ON THE XXX HOSPITAL AND ADMITTED ON THE $$$ HOSPITAL FOR THE CAUSE OF HEAD ACHE ON 02 DECEMBER 2010 AT 10 AM.

4. She told that she complaint to SP, SDPO, Local Police BUT MY RTI REPLY SP, SDPO DENIED THAT.

in my 498a only her chief is done and she is just avoiding the court for cross exam by filling medical certificate from a doctor 2 times she filed medical certificate. One BW issued in her name for not attending the court and she had taken bail.

SIR PLEASE SUGGEST ME WHAT SHOULD I DO AT THIS STAGE



Learning

 16 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 June 2014

Great job!

 

lets get the order of Calcutta High Court and direction of the affidavit to submit by opposite party.

 

then file Perjury in your jurisdiction. If you file perjury then bad time will come to both your wife and her lawyer.

 

Sample petition and other citation can be found on the following link:-

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

Fighterr 26 (GOVT.)     29 June 2014

sir kolkata HC order passed on 7 appril. THE JUDGEMENT IS BELOW

In the matter of : An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;
Mr. Mondal,
Mr. Ray,
Ms. xxxx
….. For the Petitioner.
The petitioner is directed to serve a copy of this application along with annexures on the opposite party no.2 by registered post with A/D and on the opposite party/State through learned Public Prosecutor within a period of four weeks from this date and to file affidavit-of-service on the next date of hearing.
          I have heard learned counsel for the petitioner and have gone through the impugned judgment challenged in the criminal revision. There will be stay of operation of the judgment and order
dated 28th November, 2013 passed by learned Additional District Judge, Bolpur, Birbhum in Criminal Misc. Appeal No. 02 of 2013 arising out of judgment and order passed by learned Additional Chief Judicial Magistrate, Bolpur, Birbhum in Misc. Case No. 45 of 2011, on condition that the petitioner-husband will go on making payment of maintenance of each month at the rate of Rs. 4,000/- per month in favour of the opposite partywife within 15th day of next succeeding month and on further condition that the petitioner-husband will make payment of entire amount of arrears of maintenance, if any, in favour of the opposite party-wife within a period of two months from the date of passing of this order, in default this stay order shall stand vacated.
The department is directed to send down the copy of this order to the learned Court below for favour of information and necessary action.
The matter will appear under the heading “Contested Application” after expiry of eight weeks.
Liberty to mention. Criminal Section is directed to supply urgent Photostat certified copy of this order to the petitioner, if applied for, after compliance with all necessary formalities.

SIR NOW CAN I FILE PERJURY IN THE LOWER COURT i.e IN ACJM COURT???? 

I AM WORKING IN MP NEXT MONTH I AM GOING HOME ON LEAVE I WANT FILE PERJURY IN THE NEXT MONTH. CAN I FILE PERJURY IN THE NEXT MONTH?

T. Kalaiselvan, Advocate (Advocate)     30 June 2014

An application for perjury based on the above judgement will not lie. The court has to conclude the case i.e., your averments and statements against her  have to be established in the court through its verdict.  The high court has just stayed the order of the lower court, it has not  given its decision on the case in appeal.  You still have to  travel a longer distance to give her a counter attack by way of perjury or other wise. What is the status of 498a case?Her complaint wherein if she is found to have contradicted the averments stated in the maintenance case, may be used as evidence in the ensuing case as your defence.  Have you changed your lawyer or not? Better be careful about the lawyer engaged now, so that you are not cheated once again.

2 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 June 2014

Mr. T. Kalaiselvan, is right.

 

Until you are not disposing of your 498A you may not get permanent relief.

Please change your lawyer.

Please appear in-person in High Court and get the speedy trial order. The sample petition is attached bellow. it takes 2-3 weeks only.

 

                                  498A

 

There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.


Attached File : 94210184 samplepetition4speedytrial.docx downloaded: 164 times
1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 June 2014

Another thing,

 

Usually, you might get lot of contradictory points between the 498A FIR and the petition of 125 of CrPC.

 

Also you have lot of evidences as per the reply of RTI and Firist (Lists of Dates) - which are valid evidences as per Sec. 3 of Indian Evidence Act 1872 (Circumstantial Evidence).

 

These are enough to prove in the court that your wife willfully  has given false and fabricate evidences to harass and extort you and to mislead the court process.

 

Please file perjury in the same courts where 498A and 125 CrPC is going on respectively (Total 2 cases). Perjury can be file at any time if it is found that the opponent is giving false and fabricated evidences. Perjury should be taken as a separate miscellaneous criminal complaint.

 

The Perjury sample petition is attached bellow.

 

Please also read my and other members posts to get lot of judgements as citations of perjury. You can show those citations to that judge during the argument of perjury.

 

Good Luck!


Attached File : 94210184 perjury sample petition.doc downloaded: 346 times
2 Like

Fighterr 26 (GOVT.)     01 July 2014

In my 498a case trial started. She just taking date and date from last 1 year. 4 months ago BW issued against her for not appearing. In last to last date her chief is over and in the very next date she did not appear for cross by filling medical certificate from a private MBBS doctor. 17 jul 14 is fixed for cross exam.

She filed 498a through crpc 156(.3). She even send complaint letter to my office before and after filling 498a. its is totally contradictory with her court complaint.  In office complaint she mentioned that I started torture after 3 months and In the court complaint from the very next day or our marriage. WE HAVE A LOVE MARRIAGE. In my office complaint she did not mentioned that we(me my parents bro &sis) tortured on her by asking money. she just stated that we tried to kill her several times. She is treated as maid servent. She also request my boss to take legal action against me and stated that she has no alternate option to take legal action against me even after 1 month she complaint  in the court.

All the witnesses statement (all are her relative and clearly mentioned relation in the statement) very from each other and with that of the girl even  father statement recorded by police in Crpc 161 vary from her daughter.

I HAVE ALREADY CHANGED THE LAWYER.

T. Kalaiselvan, Advocate (Advocate)     01 July 2014

Now you are on right track, better follow it up properly and effectively.  Let she make any complaint  to anyone, if your conscious is clear, you can win all the cases.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 July 2014

I think, attack is the best way to defince.

 

Please file perjury for 125 CrPC right now.

 

Please file perjury for 498A during the evidence stage.

S K KARNjhc (Legal Adviser)     01 July 2014

Going thorough the previous, I would in the matter concerned to have been quite agree with Expert Kalaiselvan Sir.

Fighterr 26 (GOVT.)     02 July 2014

T. Kalaiselvan, Advocate  SIR

 

SIR I KNOW THAT I WILL WIN THE CASE BUT SHE JUST WANT TO DELAY THE CASE. NOW SHE AWARE THAT I HAVE COLLECT ALL THE PROOF AND SHE EVEN CANNOT OPEN HER MOUTH THAT IS WHY SHE IS DELAYING AND WANTS OUT OF COURT SETTLEMENT WITH 3.5 LAKH EARLIER SHE ASKED 10 LAKH. BUT I TOLD THE JUDGE THAT I WANT TO AS PER HER APPLICATION NO COMPROMISE NO SETTLEMENT COURT HAS TO DECIDE WHO IS DEFAULTER.

I THINK IF I FILE PERJURY THEN IT WILL COMPEL HER TO ATTEND THE COURT REGULARLY AND SHE HAS TO WASTE HER MONEY AND TIME.

PLEASE SUGGEST ME SENIOR MEMBERS SHOULD I FILE PERJURY?

T. Kalaiselvan, Advocate (Advocate)     02 July 2014

If you go for a compromise for an out of court settlement,  you will stand losing your desire to sue her under perjury; If you do not compromise and do not  want to put an end to all litigation and want to live a peaceful life, you may refuse to her settlement offers or decide about extinguishing the legal flame once for all through an agreement and go for a mutual consent divorce too so that you can sigh a relief permanently after that.

Fighterr 26 (GOVT.)     03 July 2014

SIR I DO NOT WANT SETTLEMENT AT ALL. I WANT TO TEACH HER A LESSION. AND DIVORCE IS NOT REQUIRE FOR ME.

T. Kalaiselvan, Advocate (Advocate)     03 July 2014

Choice is yours, you can make your call accordingly.  In the name of avenging her, you will be suffering simultaneously, consider the fact.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 July 2014

Dear Mr. Fighterr 26,

 

From your posting, my understanding is, you want justice and these corrupted lawyers are not giving you justice because they wish to extrot you. And my understanding is, only if you can speed up the trial then only 498A and Perjury on that will become speed up. If you are a private employee then please PM me. I have some tips for you.

 

Please note that Speedy Trial is Mandatory else not rilief anywhere. Please appear in High Court of Calcutta in-person (Without Advocate) and file Speedy Trial petition on priority.  You can compel her to come in the court and give her penisment if and only if the tril becomes speedy and during the evidence stage if you file Perjury.

The sample Complete Petition of Speedy Trial is given bellow.


Attached File : 735639674 samplepetition4speedytrial.docx downloaded: 63 times

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