Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

salim shaikh (designer)     19 September 2011

I lied to court ..i got caught... what will be next

i am working negineer. guy. my dear wife has filed DV & 498-a against my family.

In dv case my lawyer told me to hide my current salary & enaring capabiliy from court.

so, i told in my say that i have left my job in feb.

but my father in laws knows details about my job location so . her lawyer summonced my manager.

my manager produced the my salary slip and details to court now.

 Now I fear that the court will take some action against me for lying ot hiding my salary.

 

But my lawyers say dont worry matter of proof is on their side. their will be no action against me.

I am really woried... my wife and father in law are very low level guys... they will do each and every thing to problem me.

As I am safe or not...

 



Learning

 4 Replies

Anjuru Chandra Sekhar (Advocate )     19 September 2011

If you don't work how will they get maintenance?  Don't worry.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 September 2011

the court can fix maintenance and if an application is filed, you are liable for perjury as well.

 

Give an unconditional apology in court.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Tajobsindia (Senior Partner )     19 September 2011

@ Author

1.
It is possibly prime facie perjury case and now depends how best the other side (i.e. wife's side) use this to their advantage probably to negotiate further with you!


However;


1.1.
When you filed your reply (i.e. your say) did the reply accompanied by an Affidavit by you?

1.2. Did the Verification statement under reply on last page bottom portion &/or accompanied Affidavit under reply has statement(s) such as;

- That the accompanied reply has been prepared by my advocate under 'instruction' given to my advocate.
&/
OR
-
That para no. 1 till X are as per "legal advise" recived by me.
&/OR
-  Now see if the reply para no. stating "that you are jobless falls" in between para 1 till para X

1.3. If yes then it will be someone else on whom 'if prooved' by way of possible perjury investigation in matrimonial suit perjury case should run is one line of plea that may be taken but then you have caused grave damage to your reputation before concerned Court.


1.4. In such revelations strong adverse inference the Court takes and gives higher maintenance award to wives if that is the case in hand.

OR

1.5
This discovery / witness statement under Oath could boomarang into negotiation / deal to settle all cases outside Court on higher premium (alimony) payment basis to wives so that the other side gets saved from prosecution under perjury charges !


2.
However such things should not have happened in the first instance knowing well you are earning a income (whatsoever it may be).

OR

3. Opt for "plea bargaining being matrimonial case with un-conditional apology rendered to Her Majesty the Court foe mercy' if charges are serviced against yoy in days to come for which this is a too early a stage to forcast / advise further however ‘repettence of past misdeeds with tenacity to affirm same at Bar before bench is highest form of forgiveness if correctly plead in matrimonial proceedings afterall there are reasons and attributes each spouse brings with h/er pleadings style to avoid performing h/er duties towards other spouse as the relationship has reached a sour point.”


But then these are not the right way one shall follow and does not constitute my ram ban legal remedy per se in such matters as professionaly I depreciate stating such lies before court on the cause title matter(s) even if I loose few cases. The real fight in matrimonial suits shall always be on pure Point of Law.

Arif Iqbal (Advocate)     10 October 2011

The Court may file a complaint against you under for giving false evidence on oath before the Court.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register