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498 A fighter (Advocate)     20 November 2015

Perjury can file in any court?

Where Husband can file perjury against wife in sec 24 or in any wife case where wife gave false satatement under oath?

it is mandatory to file perjury in same court where wife filed sec13 etc. or husband file the case in any court i means where he resides or can he filed directly in high court

please do guide as this is very confusing because husband cant go for each case in wife area say 700 Km if he file the same again he have to travel for his case.

somewhere i heard perjury can be filed anywhere so this query arise....... alsor provide ruling or citation in which wife get punished [ specialy in where she lied under sec 24 and in 498A , note 498 A is yet to be decided]



Learning

 15 Replies


(Guest)

Perjury is against the court and not against you. hence only that court can file a complaint to another court and proper trial is held after that. You have no role once you convince court that perjury was committed. 

In most cases Indian courts are unwilling to take action except for disregarding worng evidence and rejecting it. They dont have time for all this.

This is encouraging people to make false statements.

498 A fighter (Advocate)     20 November 2015

thanks to Dr. Rajendra K Gupta got it but then how a person should be punished if court are not serious? again great question if men lie then he has to face many problems..


(Guest)

Just take it easy. Has courtaccpeted her false evidnece and given adverse jusgment on you? If not why bother? You prove your case. That is all. Prove in courtitis false.

Vicky (Engg)     21 November 2015

Bro here you go ....

 

1st Case -
Case on sections 192, 193, 196 & 209 of IPC
192 - Fabricating false evidence
193 - Punishment for false evidence
196 - Using evidence known to be false
209 - Dishonestly making false claim in court

2nd Case -
Case on section 211 of IPC
211 - False charge of offence made with intent to injure

3rd Case -
Separate case Charing 120B of IPC 
120B - Punishment of criminal conspiracy

4th Case -
Case under section 340 CrPC - Wrongful confinement


(Guest)

Go ahead and filecomplain in any of these and wait for years and get rejected.

Vicky (Engg)     21 November 2015

same things are happening now a days when husband started to fight back all the cases filed by wife, they get rejected or husband/family members get acquittal.

 

Only Courts can give judgements not anyone.....


(Guest)

Please dont blame courts.What they can do? they decide based on evidence put before them in file. It has to be beyond any shadow of reasonable doubt. That is nprinciple of law and justice. Secondly no one should be punished unless proved guilty absolutely without any shred of doubt.

It is is failureof our corrupt and inefficnet system-our lawyers, our polcie and associated persons.

Polcie tempers with evidence , thye omit important points in FIR which is starting point of crminal justice.

They dont collect relevant and strong evidence 

Witnesses arenot properly examined on oath

Even ceficates like medical reprot forensic testsaredelayed and tempered.

There are too many lawyers and too less judges. Whole system is overloaded. Forensic lab have few staff and they ARE TAKING 3 TO 10 YEARS TO GIVE REPORTS. Our lawyers associations , our judicial collagium  our politcians like kejriwal and Modi all should feel ashamed and guilty. This fellow kejriwal has not appointed a single additinla judge till date .So is with Modi. 

 

Justice dlayed is denied justice but guys like lalloo would like that . Even Modi would have been in jail instead PM offcie had our judcial system, honest and fast. Weneed not pretend this.Every one knows about that.

So those guys who areacquitted in womens laws are those who manage to temper evidenecs and beacsue polcie does not put up strong challan. Whatlady can do? She is anyway vulnerable

I met one lady recentl;y in saket delhi women court. Shge is IT employee very beautiful and young but was thrown out from home by her affluent husband. She has filed Domestic violencecomplaint. 5 dates weregone and even case was not admitted by magistrate who herself is on continuous maternity leave and relieving judge wont hear new case

 

The lawyer chartged her huge amount in advnacewhich is extortion and also Rs 4000/date which is outright abuse and fraud with her. She only works on internet prepares case points and givcen to her lawyer. Shame on our such bar members who openly cheat and do extortion

So it is betterwe dont comment on acquittals. It does not always mean complaint was false. It more likely means casde has been delayed and MANAGED by threats, manipualtion nand money power.

1 Like

498 A fighter (Advocate)     21 November 2015

In my case wife file sec 24 [ under sec 13 ] she gave affidavit that

" she is earning only 1500 Rs per month even that also she dont get regularry at the interval of three four months but in reality she is getting more than five thousand from salary and 5 thousand from coaching etc even her PF also get deducted

the same she used in sec09 in 2010 but this time i want to file case agianst her false affidavit under sec 24 for that i come to this query and also need citation judgemnets and rulings, she has filed the case and i am ready to take her back on that basis her case under sec24 dismissed but what about her false statement she lied in front of court by sec 24 she must be punished for that.....


(Guest)

Court wont give any releif based on false affidavit or docuemnts. So what more justice you want?You dont have to think on behalfof court. It is for court to see if it wants to get  litigant prosecuted for offemnse against it. Courts hardly have time and inclination for it.

498 A fighter (Advocate)     12 January 2016

if courts are reluctant than how one can fight/ defend when women say false


(Guest)
Courts wont take action on false evidences and affidavits and that is your relief.

498 A fighter (Advocate)     14 January 2016

hope she will appearon 2nd feb almost 8th chance to her

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 January 2016

Crushing498a   16 January 2016

i filed a perjury complaint u/s 340 in the DV case (after the interim got dismissed on the basis of concealment of factc etc) as my wife lied, concealed facts and stated contradictory facts. have been requesting the judge for the last several dates to pursue it further but she said that she will look into it later and will first decide the DV case, and that she will first make my wife give her statement in the DV case as she has to lead her evidence.. an appeal that my wife filed against the interim order also got dismissed.

what to do folks ?


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