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Sagar Gour (A Visitor of this Forum)     08 December 2016

Wife given wrong details in her affidavit

Wife given wrong details in her affidavit of incomes and assets in her case under section 125. She is B. Ed. and working as teacher in public school. In her affidavit she says that she is getting Rs. 8000/- as salary but under an RTI reply the said school says that they are giving salaries to their staff as per govt. norms and scales. In light of the above it is proved that wife is telling lie in her affidavit and that too on oath. I want to know that how can I challenge this lie of wife in the legal court of law. Please suggest me.


 13 Replies

Mukesh sharma (job )     08 December 2016

Hi sagar you submt those RTI responce in court where your case will pending  and file, for cancel monthly alomony to her as you pay to her 

thanks 

Nonu Khera   09 December 2016

Filing a false affidavit in the court is an offence. File an application against your wife for the initiation of proceedings against her for committing perjury. File this applicationin the same court in same case which is subjudiced.

1 Like

(Guest)

File application u.s. 191 IPC with the above facts today itself.  She will be punished for lying under oath and will do time in jail for 7 years. 

1 Like

(Guest)
Please anybody share perjury application

Alok Motan (Advocate)     09 December 2016

Brother did ur wife file any documents alongwith her affidavit? Coz its also a requirement to file supporting docx alongwith income affidavit.. if yes its definitely a perjury.. besides u can also file 340 cr.p.c. application against ur wife..it would b treated as a separate case against her n would go independent but parallel to her 125 cr.p.c. case... Pls ask for supporting docx first.. watch her conduct.. she may go to any extent, u never know.. my point is she may also fabricate, manipulate or manage fake documents.. in case she is asked by court to file the annexures... in that case u can get more benefit.. moreover IA for maintenance may still go in ur favour, if u file RTI response or other docx which u hv procured at present time..

Ms.Usha Kapoor (CEO)     09 December 2016

You file perjury cse in the same court. Also  apply in the court producing Your RTI details and after that court may  not grant any alimony at all to her nor interim maintainance to her.

If you appreciate this  answer please  give me  all my profile likes.

1 Like

Sachin (N.A)     09 December 2016

False statement in the affidavit may constitute an offence under Section 199 read with Sections 191 and 193 of the Indian Penal Code punishable with imprisonment upto seven years and fine, and Section 209 of Indian Penal Code punishable with imprisonment upto two years and fine. 

 

1 Like

Arjun   09 December 2016

Two benefits. 1. Using the RTI you can nullify the IA. 2. You can file purgery case. I think you can use it in favour in 498 case also(if there) Thanks, Arjun

Loganaths   10 December 2016

Respected Sir,

Will the case dismissed and divorce be given by the Hon'ble Court.

Ms.Usha Kapoor (CEO)     10 December 2016

Most likely her case might get dismissed and you would be granted divorce.

Sachin (N.A)     10 December 2016

Originally posted by : Loganaths
Respected Sir,

Will the case dismissed and divorce be given by the Hon'ble Court.

 

If you can prove case is false then case filed by her may be dismissed or may be decided in your favour at the end of case.

but it doesn't mean that you will be granted divorce. for divorce you need to prove your case, this false case will be considered as additional evidence.

Kumar Doab (FIN)     10 December 2016

You have been advised in detail.

Your own counsel shall draft the applications etc....

Sagar Gour (A Visitor of this Forum)     15 December 2016

Respected Sirs,

Thanks a lot for your kind suggestion in the subject matter.  I am drafting an application u/s 191 and another application u/s 340 on the subject matter as advised by you all respected sirs.

In the mean time I am also moving an application before the applicant for summoning the school principal to cross examine the information I received through Directorate of Education under RTI act.  Kindly suggest, is it be fruitful?

When I got prepared my applications, I will place them all here for your kind help and suggestion on those application.

Thanks again

With Warm Regards

Sagar Gour


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