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Parvez Ansari (None)     21 March 2015

Perjury case

My bro wife has filed false DV case against him. However the interim order was not allowed and case was put on evidence. Now for last 3 dates she is not coming in the court. One of my friend is asking my bro to file perjury for the all lies and contradictions she stated. My view is that if she is not coming better press it to get it dismissed and later file perjury after dismissal of DV case so that atleast one of his headache is resolved. But his friend is saying that it is better to file perjury and win the case on merit. Please experts, advise him. Also please let me know that whether he can file perjury case after the DV dismissal. Is there any limitation? Regards



Learning

 12 Replies

M.Sheik Mohammed Ali (advocate)     21 March 2015

you can send notice to her, after file private complaint at judicial court, 

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     22 March 2015

Perjury at this stage is not acceptable by the court, U can decide if she absents herself willfully at the time of next adjournment.

1 Like

Dr J C Vashista (Advocate)     22 March 2015

@Parvez,

First of all your "bro" should convert in to "brother", Then his advocate should insist the court for dismissal of the complaint for "non-prosecution".

However, at "NO" stage your "bro" shall succeed in perjury in such (matrimonial) cases.

For further clarification/advise/proceeding "Click to talk" button in my profile.

2 Like

dr g balakrishnan (advocate/counsel supreme court)     22 March 2015

perjury is no immediate solution please..you  have to take on direct issues, if conversion too if any...never jittery action ever helped any litigant pls

1 Like

Parvez Ansari (None)     22 March 2015

I agree with the experts and appreciate your replies and rectify my "bro" as my "brother".

Just to clarify further  I have queries :-


1- Can we move 340 after the dv case gets dismissed for non appearance of complainant. That way he will at least get rid of dv case.

2- Can she file a fresh DV case in case this dv gets dismissed and again pray for interim reliefs afresh in fresh case?

 

Best Regards

SAINATH DEVALLA (LEGAL CONSULTANT)     22 March 2015

Its still immature about 340, u still have time to do so. First see that U come out unscathed in the DV case. Yes she can file again if the present one gets dismissed, but no tin the same court.

1 Like

Adv k . mahesh (advocate)     24 March 2015

first let him fight and come clean on the dv case and on basing on the judgement only your brother can file perjury or any other case 

1 Like

sathiya   24 March 2015

If your brother's wife submitted the false information of her own before court and that he can prove to be false then difinetly he will get advantage but her affidavit should be submitted along with the Petition.
1 Like

T. Kalaiselvan, Advocate (Advocate)     25 March 2015

Perjury case will be maintainable only when it is proved that she had made false statement before court on oath knowing very well it to be false.  Thus, failing to prosecute further will not attract ingredients for perjury case.You may advise your brother to not to get misguided on some hearsay information.

Ask him to instruct his advocate to press for dismissal of the case due to her continuous non-appearance and lack of interest in continuing or prosecuting her case, look for any other reason to avenge her if he is so much interested in it.

1 Like

Parvez Ansari (None)     25 March 2015

Thanks experts for your guidance.

My brother still awaits her to join him but she is very adamant.  Neverthless, "If you are in hell, keep it going".

That closes the issue to my satisfaction.

dr.pawan rajyan (member and secretory)     31 March 2015

After both side evidences and cross ,file perjury.after dv case over/decided,you can not file perjury.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     30 May 2015

If you want to file perjury after dismissal then mention within assertions & also in prayer that your right to file perjury be reserved.


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