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Akki   20 March 2020

Perjury case as wife filed false affidavit

My wife has filed maintenance case against me where she filed false affidavit in the court stating false declaration regarding marriage happening location , allegations which are baseless, stating that I am doing side business without any proof ??? Are these are enough to put perjury case against her.


 7 Replies

Advocate Suneel Moudgil (Advocate)     21 March 2020

1. if you are able to prove that she has submitted the false evidence in the Court, you can go for filing the perjury application,

Advocate Suneel Moudgil (Advocate)     21 March 2020

without going through the relevant documents, i am not able to form a legal opinion 

Dr J C Vashista (Advocate)     21 March 2020

You are contesting the case through an able, competent and intelligent lawyer, who is well versed with facts and circumstances of your case, what is his/ her opinion / advise ? If you have lost faith in him/ her (your lawyer engaged / paid by you) you must change him/ her immediately.

Why do you need second opinion and obligation of experts on the basis of limited facts posted by you except the fact it is available FREE OF COST ?

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Akki   21 March 2020

Sir , it's not about losing trust on my lawyer.Opinion can be obtained from various sources.It is better to have different opinion from various is believe that more brain are better than one brain.Chances of getting good advices through this platform free of cost make it good for people who are sufferer.Sir, Its good that expects like you provide suggestions and advice which is valuable and would be helpful also for the legal case.anyway , thanks for the great advice.
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T. Kalaiselvan, Advocate (Advocate)     21 March 2020

The elements what you have mentioned may not be sufficient to file a perjury case against her.

You have to prove that she has lied on oath before court with substantial documentary evidences  after which you can file a perjury case against her false affidavit.


TGK REDDI   22 March 2020

Even if you can prove that the Affidavit is false, PERJURY is not attracted.     Perjury is attracted only if something is done in the Court, not outside.      The Affidavit was executed outside the Court and produced in the Court afterwards.      Had it been in the custody of the Court and had it been manipulated while it's in the custody, only then is Perjury attracted.

FORGERY is, however, attracted in your case.

TGK REDDI   22 March 2020

Penultimate line of my previous Reply.

For 'is' read ' would have been".

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