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Kanak   17 September 2016

Perjury

Hello everyone My wife filed divorce under 13(1)i In that she said she is not working but actually she is working and I have her salary certificate. Can I file perjury case?


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 15 Replies

Kanak   17 September 2016

My mistake it is 13 1 ia

Kanak   17 September 2016

Martin sir, thank u for ur reply, can I file at my place or I have to file where the proceedings

Sachin (N.A)     17 September 2016

An application is to be filed in the same court during proceedings

u/s  Sections 191193 199 and 209 of the Indian Penal Code. 

Kanak   17 September 2016

Thank u so much...

Kanak   18 September 2016

If I file perjury does divorce proceedings stops until perjury case is over?

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     18 September 2016

All and sundry on this web site suggesting PERJURY and so far there is no konwn case of sucess in PERJURY in  a running case.

 

At the most the perjury case will be registered as separate misc application and it will go for years and years for enquiry .

 

She is working or not working will not affect the on going DIVORCE case. First make up your mind why you want to oppose it or why you are ready.

 

In both cases you have to give alimoney and life long maintenance.It is myth that working or earning wife and DIROVED WIFE need not be given maintenance.

 

 

Sachin (N.A)     18 September 2016

Thank to myself that i am appearing in person and succed to got the interim maintence rejected on ground of employement details of wife and perjury.

 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     18 September 2016

Mr SACHIN you are making contradictory statements on this public web site.

 

At one place you said the amount is reduced from 15000/- to 7500/- and now you say it is rejected..

 

And session court is not final  the matter may go the HIGH COURT and even SUPREME COURT. So not only you are remaining in dark about woman related laws and its lethal teeth but also misguiding others.

 

Apex Court in Bhuwan Mohan Singh v.Meena [(2015)

 

Even assuming for the sake of moment, income
tax returns of the Petitioner wife disclose that she is having independent source of income, the same is not commensurate with that of the husband. The Petitioner wife is entitled to lead
the standard of life similar to that of the husband.

 

And on this basis following  BOMBAY HC judgment.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8825 OF 2014


Dated : 23rd August, 2016.

 

my opinion, the ends of justice would be met if the Respondent is directed to pay to the Petitioner interim maintenance @ Rs.1 lac per month
from the date of the impugned order.

 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     18 September 2016

My only purpose to intervene is to beware the victims of marriage related laws than unless you fight the case with real intelligence and not borrowed misguiding inputs by many on this site and else where , a very difficult time is ahead.

 

I have seen no two victims can unite evedn after bold talks. Few of them were kaning loud noises on this site , creaing blogs and when the heat turns on them  start asking advice how to come out of it.

 

Still there is ray of hope to come out of the marriage related cases. You must collect evidence, be ready for real counter cases not spine less PERJURY LIKE cases.

 

You have hope in following observation of APEX COURT which if used wisely can reduce your agoney.

The Supreme Court in the case of Bhuwan Mohan Singh Vs. Meena, reported in 2014   observed as under:­
"3. Be it ingeminated that Section 125 of the Code of Criminal Procedure (for short “the Code”) was conceived to ameliorate the agony, anguish,
financial suffering of a woman who left her matrimonial home for the reasons provided in the provision so that some suitable arrangements can
be made by the Court and she can sustain herself and also her children .

 

 

So make all the submissions that you are always ready and willing to keep her and she has left out of her own whims. Every case will need new story but it can be made convincing.

 

We will assist you to do this. This will acheive two objectives one you can claim that you are serious to keep family unity and you will save yourself of heavy monetory payments..

 

Most of current efforts on misguided advice is for QUASH, PERJURY and now many IN PERSON appearance and or SPEDY TRIAL. Such efforts derail your main pupose and you invite life long agoney and financial obligations.. CHOICE IS YOURS.

 

 

 

Sachin (N.A)     18 September 2016

Originally posted by : LAXMINARAYAN - Sr Advocate.
Mr SACHIN you are making contradictory statements on this public web site.

 

At one place you said the amount is reduced from 15000/- to 7500/- and now you say it is rejected..

 

And session court is not final  the matter may go the HIGH COURT and even SUPREME COURT. So not only you are remaining in dark about woman related laws and its lethal teeth but also misguiding others.

 
 
 

 

Dear Mr lawyer,

 

t is always advisable to read before right I Said " No maintenace to wife and 7500 for child"

and you are partially right that" session court is not final" but "if opposite party don't appeal than order of session court is final"

Read again

 

Sachin (N.A)     18 September 2016

SC – No Maintenance to wife with unclean hands

Delhi HC : it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final."

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     18 September 2016

My efforts to fore warn you since your over confidence is misplaced.

 

It is not necessary for the wife to appeal, she can start all over again with new situations correcting here old story. And 7500/= per month with arrears is not small amount..

 

So you and people like you must find ways to contest properly to avoid such monetory payments.

PERJURY, QAUASH, SPEEDY TRIAL AND IN PERSON PLEADINGS  CAN HELP TO ACHIEVE THIS.

Sachin (N.A)     18 September 2016

Originally posted by : LAXMINARAYAN - Sr Advocate.
My efforts to fore warn you since your over confidence is misplaced.

 

It is not necessary for the wife to appeal, she can start all over again with new situations correcting here old story. And 7500/= is not small amount.

 

I agree with you but i have just shared what i experienced .

you are more right that 7500 is not small amount but i pleaded in court that i am willing to give maintenace for child but not full amount as my wife is also working she should share half of the expense.

Sachin (N.A)     18 September 2016

IN simple words::

 

FOR AN UNUSUAL JUDGEMENT, UNUSUAL EFFORTS IS REQUIRED

 

Hope you agree!!


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