Best way to fight against false 498a

Another thing, proving adultery is very heard.

@ Mr. Atur Chatur,

https://terminatorak.wordpress.com/2012/10/30/bombay-hc-nagpur-bench-even-though-any-civil-suit-is-pending-court-cannot-deny-case-us-340-crpc-perjury-application-to-be-register-as-miscellaneous-judicial-case-as-per-civil-manual-chapter-xix-par/

Any Query/Doubts for the bellow topic? : -

Please be handsome, smart, good looking and look for a good unmarried girl and start leave-in relationship until you get divorce.

I would like to argue on this with learned members also.

So learned members, please feel free to argue with me on this.

Lets start !

My idea is that SC granted only Unmarred couples (Both Boy/Girl) to Live-in-Relationship. Can the Ex-wife represent the relationship in the court as Adultery against her ?

I read somewhere on net sometime back, A man married an unmarried girl but no photos. She lived with him as wife. It is hell difficult for her to prove that they are living conjugal life unless she enters their bedroom so better lock the bedroom . . .  haha

This man then also wrote something like:- It's your life. You decide what you want to do.

Also check some fighting tactics hints if any might suit you. 

https://socialstigma1.blogspot.in/2014/10/social-stigma-rti-3.html

https://socialstigma1.blogspot.in/2014/10/social-stigma-rti-2.html

Disclaimer:- Personal Opinion only.

I Found the Fourth One also by God's grace. Friends, kindly offer inputs & try your best to end false cases thru perjury.

CRA No. 197 SB of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRA No. 197 SB of 2010 (O&M)

Date of decision: 25-1-2010

Sunny Bhumbla .........Appellant Vs

Shashi .........Respondent CORAM:- HON'BLE MR. JUSTICE HARBANS LAL

Present: Shri K.S.Boparai, Advocate, for the appellant. HARBANS LAL, J.

This appeal is directed against the order dated 5.12.2008 Annexure P-1 passed by the court of learned Civil

Judge (Senior Division) Saheed Bhagat Singh Nagar vide which he allowed the petition moved under Section

9 of the Hindu Marriage Act, for restitution of conjugal rights leaving the parties to bear their own costs and

rejected the application moved under Section 195/340 Cr.P.C.

I have heard the learned counsel for the appellant, besides perusing the record with due care and

circumspection. The learned counsel for the appellant has submitted with great eloquence that after the

respondent admitted in her cross-examination about her employment, salary and inheritance of the landed

property, she again placed on record another affidavit dated 27.8.2008 solemnly affirming therein that she had

inadvertently not mentioned about the source of income as well as employment in the earlier affidavit dated

14.8.2008. Thereafter the appellant moved an application under Section 195 of Cr.P.C. for initiating

proceedings against the respondent for submitting a false affidavit CRA No. 197 SB of 2010 (O&M) 2 before

the learned trial Court, in order to get more maintenance from the appellant. The learned trial Court had

assured the appellant that his said application shall be decided alongwith the main case. While deciding the

main petition, in paragraph No. 13 of the judgment it has been observed that "in support of her claim for

interim maintenance under Section 24 of the Hindu Marriage Act, the respondent/applicant had made certain

assertions, which were found to be totally false and the same had apparently been done by her in a deliberate

manner. Consequently even an application for initiating suitable proceedings against her on account of her

having submitted a false affidavit was also filed by the petitioner on 3.9.2008. Thereafter, the respondent did

not press her claim for interim maintenance, but the same did not absolve her of the liability of the aforesaid

lapse. This court, however, does not wish to initiate any such proceedings against the respondent with the

hope that sooner or later, the parties may be in a position to resolve their dispute or else this young couple

may adopt such other means so that they can part their ways in a peaceful manner and therefore, with a view

to avoid undue complication of the matrimonial dispute, no action on account of submitting of the above false

affidavit etc. is being initiated against the respondent."

It is further argued that the learned trial Court has overlooked the fact that the respondent has used the false

affidavit in the judicial proceedings. Therefore, all the ingredients of the offences of cheating, forging and

perjury etc. are made out and consequently, the order passed by the learned trial Court in not initiating the

proceedings under Section 195 read with Section 340 Cr.P.C. is illegal.

CRA No. 197 SB of 2010 (O&M) 3 I have given a deep and thoughtful consideration to these submissions.

A careful perusal of the observations rendered by the learned trial Court in paragraph No. 13 of the impugned

judgment would reveal that there is not even a shred of reference to the application moved under Section 195

read with Section 340 Cr.P.C. This apart, no specific reasons have been apportioned for not initiating the

action on the basis of the alleged affidavit. The said application having been moved under the provisions of

the Code of Criminal Procedure was required to be disposed of separately. It was not desirable on the part of

Sunny Bhumbla vs Shashi on 25 January, 2010

Indian Kanoon - https://indiankanoon.org/doc/1512317/ 1

the learned trial Court to decide the said application in a slip shod manner by making mere passing reference

to the alleged affidavit. In the application moved under Section 340 of the Cr.P.C. if the Court deems fit,the

inquiry has to be held whereas in the present one, the impugned order is absolutely silent as to whether or not

inquiry was held. There is specific procedure which is to be followed while disposing of an application moved

under Section 340 of the Criminal Procedure Code. Section 340 of the Criminal Procedure Code reads as

under:-

"340.Procedure in cases mentioned in Sec.195--(1) When, upon an application made to it in this behalf or

otherwise any Court is of the opinion that it is expedient in the interest of justice that an inquiry should be

made into any offence referred to to in cl (b) of sub-section (1) of Section 195, which appears to have been

committed in or in relation to to a proceeding in that Court, or as the case may be, in respect of of a document

produced or given in evidence in a proceeding in that Court, CRA No. 197 SB of 2010 (O&M) 4 such Court

may, after such preliminary inquiry, if any, as it thinks necessary.

(a) record a finding to that effect.

(b) make a complaint thereof in writing

(c) send it to a Magistrate of the first class having jurisdiction.

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence

is non- bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that

Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application

for the making of such complaint, be exercised by the Court to which such former Court is subordinate within

the meaning of sub-section (4) of Sec.195.

(3) A complaint made under this section shall be signed (a) where the Court making complaint is a High

Court, by such officer of the Court as the Court may appoint.

(b) in any other case, by the presiding officer of the Court, and

(4) In this section, "Court" has the same meaning as in CRA No. 197 SB of 2010 (O&M) 5 Sec.195."

A glance through the impugned order would reveal that the learned trial Court has given a go by to the

provisions of Section 340 Cr.P.C. The approach adopted by the learned trial Court is unwholesome and is

depreciable. The impugned order is absolutely silent as to whether the application has been dismissed or

allowed, if so for which reasons. In consequence of the preceding discussion the trial Court is directed to

decide the application under discussion in accordance with law. This appeal stands disposed of accordingly.

(HARBANS LAL)

JUDGE

January 25, 2010

RSK

NOTE: Whether to be referred to the Reporter or not? Yes/No

https://www.aturchatur.blogspot.com

Sunny Bhumbla judgment (CORRECT & WORKABLE) printout version is here again. Thanks again to him who sent me this thru email.

@ Mr. NATARAJAN IYER,

1) To charge on Adultery (IPC 497), girl should be married. Right ?

2) To charge on bigamy (IPC 494 & 495) marriage needs to be properly solemnize. Right ?

And what I have advised?

Live-in relationship is legal in India if and only if the girl is unmarried

So how this can be chargeable on aforesaid IPCs ?

Any more argument on this tropic ?

Hi,

Thanks for the valuable information. Here I would to get an expert advise.

The fact is that one of our shop worker's wife has filed a dowry case498A, 323 and 3/4 D.P. Act] against him (husband), his father (father-in-law), his mother(mother-in-law) and my father (shop owner where her husband works). I have attached the FIR

This is false dowry case all to gather. I don't why they involve my father's name in the FIR. Though as per IPC 498A applies only to the husband and his relative. My father is not his relative by any means. Her husband was working at my father's shop. The police inspector is not ready to remove my father's name from this case.

Can someone please advise what we should do to get out of this case.

I would be very grateful to you.

thanks and regards

Jitendra

Namaste to all experts,

i want to file perjury against my wife as his statement in sec 09 decision in 2010 and her evidence in march 2015 also with her mother contradicting, some of her statement she herself denied which she excepted in sec 09 during her evidence ,

note that section 09 is in husband favor,

now guide me when to file perjury either wait to get complete all evidence or file now... almost two main witness including SHO left which strategy will be better work ?

please do guide..

@498 fighter, as per me this is the right time to file perjury instead of waiting any further.

@jitender, your father's name has been involved so that you guys fire her husband from your shop. she is behaving like an enemy (DISGRUNTLED would be a better term)

@ Mr. Jitender,

Agreeing with Mr. Atur Chatur,

Please appear in High Court and apply for quashing with speedy trial (i.e. 1st pray for quashing, if not granted then 2nd prayer is for speedy trial order/direction to the trial court to dispose off the matter within 6 month from the communication of the order.) under section 401 CrPC read with 482 CrPC and 483 CrPC. Please pray for call for the record from the trial court for better judgement. Never be afraid.

You are right, 498A holds on husband and relative of the husband (i.e. there should be close blood relation with husband). No one else can be charged otherwise in IPC 498A.

This is sufficient ground for quashing. Please appear in-person (Without Advocate), be the council for your father and pray quashing with aforesaid ground. Sample petition is available in this thread.

Once quashing is done then file Wirt Petion (Article 226 and Article 21, 19, 14 & 15) against the STATE only for violating the basic constitutional rights of your father and pray for cost & order / direction to register FIR against the culprits. You may get minimum 10 lakhs as cost. Please also do the same in-person.

Good Luck!

Please help me

1) Can Perjury be filed by the Private party (Accused /Aggrived person) if no specific findings were find by the court

2) Can Perjury be filed by the Private party (Accused /Aggrived person) even after the Case was disposed by the Court

Its an Amazing and very clear information you have given, I wish I saw it way before. here I request you to look in to my topic and please suggest me further.

Following is the link where I have posted my topic, please have a look and I am looking forward for your help!

https://www.lawyersclubindia.com/forum/498a-trap-for-nri-120314.asp#.VUSJBmRViko

Thanks