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dns (mo)     05 January 2016

Wife withdrew sec 9 /sec24 application when i filed perjury


A sec 9/sec 24 HMA application was filed by my wife .I filed Perjury for hiding income details in her income affidavit ,She withdrew her  sec 24 HMA application .Now case was at cross examination stage after that perjury decision and sec 9 decision was to be announced .I could not reach on last date due to date confusion ,when i reached the court i was informed that the HMA application is withdrawn mentioning that wife is self dependent and want to file divorce .

MY query --

What about my perjury application ?

1.what should i do ? should i file appeal in High court that no decision was given on my perjury application when i expsed her false info about job details in income affidavit ?

2.she might do the same in domestic violence case where also she has given than she is not working and judge has asked for her income avidavit failing which her DV petition will be rejected as i have already filed my income affidavit one year back in DV case and she is delibrately avoiding .What should i do ? These laws have become harrasment for us .when we expose the truth through perjury ,the complainants withdrew their application .what should i do if she says that she want to withdrew her DV petition .

Other cases --498A /DPA charges framed




 6 Replies

498 A fighter (Advocate)     06 January 2016

your perjury will run even though she withdraw her cases now she has to come for perujury if you have solid grounds then she must  punished...

dns (mo)     06 January 2016

She has said on income affidativ duly attested by path commissioner that she is not working .while she was working in government institute.the proffs were submitted by me to the family court .But on the last late I could not reach nor my representative so the order was passed in my absence .In the order of sec 9 HMA judge has written that applicant (my wife) is self dependent and want to file divorce so case is closed.There is no mention of Perjury decision .although in last daily order it was clearly written that cross examination on next date and decision for perjury will come along with sec 9 decision.

dns (mo)     06 January 2016

Now also she may withdraw DV application also as I have filed perjury in that case too.what to do ?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     06 January 2016

Withdrawal does not absolve her of her guilt. The offence was deemed to be complete the moment she had her affidavit attested before the concerned oath commisioner.

Vicky (Engg)     06 January 2016

if i'm not wrong, you can file counter cases on her

T. Kalaiselvan, Advocate (Advocate)     14 January 2016

You have not stated whether the perjury case was disposed, if not, it will continue, if it was disposed and not in your favor, then you may prefer an appeal against it.

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