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498 A fighter (Advocate)     26 June 2015

Perjury or not?

My mother In law gaver her evidence of seven page.... in my 498A in this month of 2015 ,

but when we cross remind her that you said like this in sec09 evidence in jan 2010 then she said

" Mujhe kuch bhi baat yaad nahi rahti hai | yadi do din pahle ki bhi baat ho to mujhe yaad nahi rahta hai |

means " i cant remember any thing, if anything happens before two day , i cant remeber that too"

in her evidence she many times told that she is old of age 63 yrs she is not able to remember things, she not remember the date of incidence, but she gave her evidence of seven pages.

so my question is " Is her act comes under perjury 340?

if she is not able to remind anything then she must have tell this that she cant remember dates and things properly so please excuse me to Judge befor giving her evidence after giving so long evidence and spending two months two complete as first time her evicence was postphoned due to adjounrned and second date is after 70 days , but when the things favorable to her or against me came she fought to judge and when thing comes against her she says i cant remember date and thing even many time judge object my lawyer when he ask about date of incidence,

as the case is of 498A even small mistake from my side may affect my case so in this situation now what can i do ?

should i file perjury? what will be judges view about such evidence, please resovlve this comflict....


 6 Replies

498 A fighter (Advocate)     27 June 2015

experts suggest your views on Mother in law statements of not remembering anything............how i can use it for myself and aginst them ?

Mango (Consultant)     28 June 2015

If I were in your place, I would have ask court to voice record her statement. Either she should be able to remember the facts as per WS (written statement) OR she should not be able to remember the facts. Don't rush and believe in Judge. Your mother-in-law is digging her own grave by lying in the court.


I also sued my wife for filling false evidence under Section 340 and she admitted that at very first instance but afterthat nothing happend (as it was Mahila Court). Don't loose hope and wait for the right time. Gather as much as proof you can, and then file 340.



1 Like

498 A fighter (Advocate)     28 June 2015

very very thanks to Mango sir,

when my advocate was crossing her and she said like that this things comes in my mind and i told to my advocate he said as it is a case of 498A against us better let it be as it as ..... as her incomplete evidence goes in our favour if we object then judge may order to note the things related to case only which is not good for us.

I also want to file perjury against my wife and mother in law as one statements she gave in sec09 in 2010 giving reverse of that in 498A in 2015 now..... almost wife and MIL evidence get over now the left are SHO and on false so called wifes brother so should i wait for their evidence or file perjury against wife and MIL now....[ as our main target is wife and MIL] next date is 20 next month..

please suggest how to proceed..... if i file 340 the 498a case will stop or delayed..?

Mango (Consultant)     30 June 2015

I would say that first gather more evidences to edge your cases. Evidence which you have gathered so far, can be used for argument purpose BUT not to file a seperate case under CrPc 340. You have to give sometime to court to hear their false statements and logically conclude the same.


To answer your second question, If you'll file 340 case then it's going to run seperately after 3-4 hearing within 498a case. My advise would be NOT to fill your lawyer's pocket with money. Invest and digest are two things which comes handy when you're going through court cases.



1 Like

498 A fighter (Advocate)     30 June 2015

thanks to Mango sir, Now I understood to wait, actually as the evidence of wife and MIL was over i lost my Patience and want to give them some trouble for doing false, I want to file seprate case for perjury....... so that they will have to appear and prove their innocence which is surely not possible as they did wrong and commited mistakes, as it is taking time so i am losing my patience and i am getting harrased  this is  the only thing of my over exitement,,, but you guided very well and convinced me to keep silent..   so i wait for my turn.. thanks a lot. furthur guide me to nail them,, as 498A will be over  bombardment of counter case from my side.. to return all to them with interest....

Mango (Consultant)     02 July 2015

You're welcome. I don't have much time to go through your case but send me the details and I will try to suggest, how you could nail them down. Thank you!




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