Sachin (junior lawyer) 04 October 2014

Perjury 420 for lying under oath to get interim maintenance.

In HMA 24, order for maintenance is passed.

I have all the proofs of her employment in past 2 years(salary > 20,000pm) and current employment also.

She lied in affidavit, cross and HMA 24 also. Now I want to file appeal and perjury also.

Since order has been passed based on false affidavit...perjury is complete. She managed to cause miscarriage of justice with her false affidavit.

I want to file private complaint (or 156(3) against wife if any cognizable section is possible) also.

Please advise if 420 IPC or any other section of IPC applicable in this situation?

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5 Replies

Tajobsindia (Senior Partner ) 05 October 2014

@ Author,

1. Since you are a Lawyer yourself and probably practicing under someone locally. Hence, it is advised to 'learn the ropes' from your local Senior.

[Last reply]

N.K.Assumi (Advocate) 05 October 2014

Section 191, 193 and 199 IPC is attracted. False statements in affidavits attract criminal liability, provided the requisite mental element is proved.

Sachin (junior lawyer) 05 October 2014

Sir,

Are the section 200, 209 and 210 also applicable. Can a private complaint be filed directly?

@Tajobs I am not practicing under any senior advocate.

T. Kalaiselvan, Advocate (Advocate) 09 October 2014

Take the advice of senior lawyer in your locality and proceed with whatsoever case you want to go ahead against her. In my opinion, perjury will be the best option.