amit8 (abcdef) 09 May 2014

Perjury in dv act and 498a

My wife has filed a private 498a case in 2008. then in 2009 she filed Dv act case. the 498a case has not yet proceeded. in Dv act case , her interim maintenance application got rejected , as I filed crpc 91 that she is working and she mentioned that she is not working. in the reply to that she filed her salary slip .so crpc 91 was taken back. I then filed perjury on this point only( there were other points too , which were false in the case. on perjury she replied that she had told her lawyer that she is working , but her lawyer misguided her to mention that she is not working. the lawyer just use to take he signature on the documents and did not mention the correct facts in the case. she changed the lawyer before the perjury could be filed , and now mentions that both lawyers are hand in hand and planned this against her , as perjury was filed just after she changed her lawyer. she has filed a complaint in bar council against her lawyer. 1) is this a valid point , to blame the lawyer ? 2) in 498a case , which was filed much before the dv act case has the same case points .can this also help me in 498a case ? Pls advise

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5 Replies

Laxmi Kant Joshi (Advocate ) 09 May 2014

1. it is her duty before sign any plaint/affadavit/ application/other relevant documents she should go through and read each and every document which her advocate on behalf of her is going to file before the court , she is a literate woman she cannot get relief/excuse for her this act .2.you take advantage of it , if she had given all such points in her 498a , you challenge them and submit her false statement on oath which were proved false by you in DV case, before the court , this will make her case weaken and liable to dismiss on the ground of false and fabricated statements.

Laxmi Kant Joshi (Advocate ) 09 May 2014

amit8 (abcdef) 21 May 2014

Thanks for your reply. Has any one heard of any girl being punished/ or fined by court for perjury in dv act case ? for hiding her working status( income) ?

amit8 (abcdef) 31 May 2014

Does this mean that girls do not get convicted in dv act case for perjury in sec 193,199,200 and just escape by paying a small fine ? I have not come across any case where the girl is convicted. has any one come across such cases ?

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)) 06 June 2015

@amit, you need to push the case of perjury & kindly come out of the illusion that girls can't be convicted for perjury. if you want to set an example for others to follow then zero-in on the lies & file perjury on her direct & SWORN-IN lies.

Other lies can be presented as unclean hands, concealment, not disclosed or by any other relevant term & when those lies you keep catching through her admission at various intervals then file perjury immediately afresh based on those new SWORN-IN facts.