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DV victimmmm ( )     12 April 2013

Should i file perjury case against wife

 

Dear LCI members,

DV case filed by wife has been dismissed by the JMFC court. She has filed same case under section 125 in family court. Can I file perjury case against my wife for making false allegations against me and my family members? Will it have any effect on ongoing crpc 125 case?



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 9 Replies

dv (ghvhb)     12 April 2013

HI there, Can you say how your case was dismissed as I am going through it as well. As far as I understand perjury is for false allegations, also things like fabrication of false evidence, lying under oath. Rowers can tell you exactly

dv (ghvhb)     12 April 2013

Sorry that was typo error... EXPERTS can tell you exactly.

Shantanu Wavhal (Worker)     12 April 2013

mere dismissal of DV case does not amount to perjury.

has the wife lied in court on oath ??.

DV victimmmm ( )     12 April 2013

yes, she lied on oath in the court. In fact , in her cross examination she herself provved that her allegations are false.

DV victimmmm ( )     12 April 2013

I have explained my case in detail here:

https://www.lawyersclubindia.com/forum/Dv-case-is-dismissed-75850.asp#.UWgvCbWLDIo

ajay sethi (lawyer)     12 April 2013

what are the reasons for dismissal of   DV case ? does it mention that wife has levied false allegations in DV case . necessary to go through the court order to advise

DV victimmmm ( )     13 April 2013

 

Thanks a lot ld. members for your replies.

Here are few key points in the judgment:

1. She alleged that she was not provided any medical treatment during pregnancy

I submitted all her medical records of her pregnancy . She admitted that she was take to to doctors and she took medicines as well. The judgment says that I have provide medical treatment to her and my child also.

2.She alleged that she was never allowed to go out of house and she was no allowed to talk to her parents anytime

I submitted the certificates of educational institutes where she did few courses after marriage .She admitted that she used to go  out and attend her classes.  Also she herself admitted that she used to talk to her parents on mobile phone which I had gifted her.The judment says that  based on her admissions ,her claim is suspicious that she was forced to stay inside home and was not allowed to talk to her parents.

3. In her application she mentioned that she never returned to my house after birth of our child and I avoided to take her back to my home

She herself admitted that she came back and we lived together for 6 months until she returned to her parent’s house for her cousin’s wedding.The judgment says that she actually came back to her matrimonial home after brth of her child , so  based on her admissions ,her claim is suspicioust hat I avoided to bring her back to my home

There are other points like this. The judment says that she could not  prove that she has been subjected to any kind of doemstic violence.Can I file prejury case based on these facts.There is no clear wording like "alleagtiosn are false" etc. in the judgment . Please advice me If i can file prejury case based on above facts. Thanks a lot .

ajay sethi (lawyer)     13 April 2013

you have gone through lot of mental torture on account of false DV case and the case against you has been dismissed . the allegations made by your wife have not been substanaited in court . rather tahn filing case of perjury i would advise you to move on in life . you would be wasting youtr time running around courts and spending money on litgation expenses . move on in life

2 Like

Raj (fr)     22 September 2013

my ex has made many lies in her transfer petition in SC and I objected there also even then the case was transfered to her place and now she has not been attending court there also.

Can I file perjury at my place regarding all her lies in affidavit in TP in SC.all the case of action is at my place as per her statement.

Will be accepted?

Please advice.

Rgds,

Raj


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