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Troubled Hubby (support )     03 September 2009

Prejury

Hello All

   My wife when filling objections to my application states that she is working on daily wages i got a strong evidence that she is wroking as full time employee and her provident fund contribution but in Her sec24 hma she no where mentions that she is working and in accompanying affdivit  also

But in a para in affadivit  she is mentioned that the avertments made in the statement  ( application filed to my objections ) should be read as parcel of this affadivit to aviod repation of facts

will this attact prejury ?

 

 

 



Learning

 7 Replies

Troubled Hubby (support )     03 September 2009

continued

  In this application submitted she says that she is wroking on daily wages which is false . will ths not attact prejury since she says that the statement of objections to be read as parcel of this affidivt

 

 

 

A V Vishal (Advocate)     03 September 2009

Perjury in simple terms means a crime in which a person has knowingly lied after taking an oath to tell the truth. Or when testifying in court through legal document like Affidavit. This lie must be material to the matter concerned so that it results in miscarriage of justice.
To further explain what kind of lies in court can attract perjury, as there is a broad set of lies which can attract perjury, the thumb rule is that to attract perjury such statement should satisfy following:

1. The statement was given when bound by oath. That means either during evidence stage after administration of oath or on a sworn affidavit.
2. That statment is false and the person giving such statement knew that such a statement is false. (unknowing lie or a make believe lie does not attarct perjury, I can explain this if someone is in any doubt as to what it means and if someone wants at a later stage.)
3. That statement was made intentionally to cause miscarriage of justice. (That means it touches the material point of the case in question, which can either mislead the court in passing orders, which can result in undue harm to other party or unlawful gains to the party giving statement. i.e. Knowing that A earns Rs. 5000/- and not entitled to any relief, A states under oath that he is unemployed. or A accuses B of beating him on X date and time at Y place, to get B imprisoned. Whereas there was no possibilty that B could have done so on X date and time at Y place as B on X date and time was at Z place which makes it impossible that B could have been at Y place also at the same date and time. or A states that he saw B doing a certain unlawful act at X date and time at Y place, whereas A himself at X date and time was at Z place, which means he could not have seen B committing any crime at Y place. Now all these conditions can cause miscarriage of justice.)

Hence, there would be certain lies which does not attract perjury, like A stating his wrong age in proceedings where whether A is 20 years old or 30 years old makes no difference.

Also, there is another interesting aspect, willful ommission. That means A though is earning Rs. 5000/- and not entitled to any relief, neither states that A is unemployed nor states his true income. Is that perjury? Yes, it is. If the express provision of the law provides that A is entitled for relief only if he is unemployed. i.e. In CrPC 125, the express provision of the law is that only the women who has no source of livelihood is entitled to claim maintenance. By not stating her income that woman is inducing the court to believe that she is not earning and thus liable for perjury. So these kind of ommissions can attract perjury on a case to case basis, however not always.

 

 

Troubled Hubby (support )     03 September 2009

Hi Vishal Sir,

24. Maintenance pendente lite and expenses of proceedings.- Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the Court to be reasonable”

As per sec 24 HMa  , my wife has source of income she is earning 8000 rs but willfully she has not stated in her affidivit that she is working and the amount she is earning but in her rejoinder application she says that she is wroking on daily  wages  . to support this i have all her salary details and provident fund contributions . so surely this should attact prejuary pls clarfiy sir

A V Vishal (Advocate)     03 September 2009

If you can prove that your wife lied in the sworn affidavit regarding her employment status for wrongful gain, then it surely attracts perjury.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     04 September 2009

Mr.Vishal is right. but it is also true that legally u/s 24 court only see the income of husband coz it is maintenance pendelite and is given to fight the case by the girl. and supperation or non mentioning of income is not wrong facts and cannot prosecuted for perjury.

Regards
adv.kamal.grover@gmail.com

Troubled Hubby (support )     04 September 2009

Hello Kamal sir

    Sec 24 HMA says  " ither the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding" In my spouse case she is earning 8000 rs where as i am earning 18000 and has dependent father and mother to take care also i have filed sec 9 where wife is refusing to join the company of the husband in her written  complaint to women cell she states that she dosent want to join the company of the husband in future

8000 Rs is sufficent for a singe person to maintain and also she lied in the Affadivit  about her employment details bt in rejoinder application she says that she is wroking on daily wageas as stated above i have all the documents in this regard

Howerver it all dependeson the  Judge Mind and Laws are only in BOOK  they are least bothered to here husband side this is the fate of our INDIAN law

 

 

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     07 September 2009

If 18000 is less then 8000 is very meger amount to survive and advocates fee and other expenditure are very high. So court consider maintenance pendelite.

But if she herself refuse to join then court cannot give any maintenance, on this point there is supreme court judgment, that will help you. Ask your counsel to search it.

Moreover if the court is not ready to hear the evidence then you can summon her employer to made statement.

Regards


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