LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

How to file complain of crpc 340 in current dv case

Page no : 2

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     17 January 2012

 

Books are as useful to a stupid person as a mirror is useful to a blind person."

- Chanakya

SO USE BRAINS NOT COPY CAT SOLUTIONS.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Mere contradictions are not enough for filing perjury. Her falsehoods should be displayed only then perjury is possible.

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

rajiv_lodha (zz)     19 January 2012

Even after u bring forward glaring n documentry falsehoods in her affidavit to try for perjury, judge seldom gives u a favorable order.............yes, psychological pressure is there........only if the gang feels!

Ramesh (student)     08 November 2012

Dear Sir,                                    08/11/12

The same matter  is persisting in my friend case in Ahmedababd.

Since the full matter is not on record of either side,therefore I request you to contact

either through this forum or through mail or contact to share the issue and then discuss

the same with  the lawyer of the  respective parties to save our life.

Ramesh

myngone@gmail.com

Munirathnam (Scientist)     08 November 2012

In a single criminal petition/application can the applicant/petitioner put two prayers viz:

1. Court may be pleased to adopt the procerude as per u/s 340 of CrPC, in the interest of justice.

2. Expedite the procedure.

3. Any other orders in the interest of justice.

Akash (NA)     25 April 2013

Hi I am Akash and got married an year back.

At the time of marriage , girls side made a video recording giving some 1 lacs as cash to me which was a gift.

Since i am working in Pune so instead of giving gifts like TV , fridge, furnitures etc..they gave 1 lacs in hand.

Now they are threatening that based upon that video tape they will file dowry case on me and my family.

Already i have accepted many of their demands like not staying with parents and kicked my younger brother out of my house who is doing engineering cuz my wife hates him and worst part is tolerate the cruel nature of my wife . I cry in the bathroom daily night cuz of her rude nature.

I have no clue what shall i do ?

shall i allow her to file cases against me atleast i wil get my parents and my bro back and also will not have to tolerate her idiotic behaviour.

CAN SHE REALLY PROVE BASED ON THAT VIDEO THAT I TOOK DOWRY??

Kindly advice. 


(Guest)
Originally posted by : Akash

Hi I am Akash and got married an year back.

At the time of marriage , girls side made a video recording giving some 1 lacs as cash to me which was a gift.

Since i am working in Pune so instead of giving gifts like TV , fridge, furnitures etc..they gave 1 lacs in hand.

Now they are threatening that based upon that video tape they will file dowry case on me and my family.

Already i have accepted many of their demands like not staying with parents and kicked my younger brother out of my house who is doing engineering cuz my wife hates him and worst part is tolerate the cruel nature of my wife . I cry in the bathroom daily night cuz of her rude nature.

I have no clue what shall i do ?

shall i allow her to file cases against me atleast i wil get my parents and my bro back and also will not have to tolerate her idiotic behaviour.

CAN SHE REALLY PROVE BASED ON THAT VIDEO THAT I TOOK DOWRY??

Kindly advice. 


POST YOUR QUERY IN A NEW THREAD.

Raj (fr)     27 April 2013

can I file prejure in false statements in transfer petition in SC

Rgds,

Raj

HARISH CHANDRA KHANNA (N.A.)     07 June 2015

Respected Sir,

i)Mr.A executed rent agreement with Mr.B in February 2005.  Mr.B was regularly paying monthly rent to Mr.A but inspite of his requests he was not issued Rent Receipts by Mr.A.

ii)In July 2008 after 30 months of tenany, Mr.A filed an eviction  suite against Mr.B in distt court under DRC act 14(1)(a) stated therein that He was not getting rent for the last 20 months.

iii)In the absence of Rent receipts, the Honble court desired that due amount be deposited by Mr.B in the court and thereafter, rent should contineoued to be deposited in the Bank account of Mr.A (Petitioner).  Mr.B(Tenant) had complied the orders of the Honble Court. Proceedings are on.

iv)Mr.A has filed another suite for possession of Property and got issued summons for settlement of issues under ( ORDER V,Rules 1 and 5 of the Code of Civil Procedures) and claimed mandatory enhancement @ 10% of monthly rent w e f February 2008 (After 03 years of tenancy), 2nd enhancement of  @ 10% of rent wef Feebruary 2011 (After 06 years of tenancy) and 3rd enhancement of @ 10%  of rent w e f February 2014.  

v) Mr.A had annexed copy of GPA in his favour to support his claim as SOLE OWNER of the said property.

Whereas it is learnt that :-

a) Mr.A can not claim enhanced rate of rent under the circumstances when he had taken substantial amount from Tenant as Security Deposit with his commitment that  neither the Interest would be paid  nor rent would  be enhanced  while returning the Deposits. 

b) Mr.A. had forged GPA in his favour to support his claim as SOLE OWNER of the property    w e f May 2000 which is contradictory because in February 2005 he had submitted another GPA  wherein he is partner in the said property.

Under which sections Mr.B can file a suite against Mr.A for cheating and Forgery? Kindly guide in the matter.

With regards,

from Victim 

 

Crushing498a   16 January 2016

i filed perjury complaint u/s 340 in the DV case (after the interim got dismissed on the basis of concealment of factc etc) as my wife lied, concealed facts and stated contradictory facts. have been requesting the judge for the last several dates to pursue it further but she said that she will look into it later and will first make my wife give her statement in the DV case as she has to lead her evidence.. an appeal that my wife filed against the interim order also got dismissed.

what to do folks ?

gaurav   08 June 2017

In your case i will suggest you to have patience and start collecting proofs in he form of recorded conversation between you , your wife and you wife parents where they are threating you. Also during your conversation tr to get the confirmation on all the areas of HMA and DV act and where you can be screwed up. Do remember as per your post your wife and in laws are in the habit of blackmailing you and so behave like a scared and innocent guy who is at there mercy. when I talk about confirmation I mean that the amount given by then was a gift and was given by them at your will, to this she being in the habit of blackmailing you will definitely speech something which she should not . Also this approach may backfire I she came to know about it , So you have to be very carefully in this and do go through the details of HMA, DV act , dowry act, Indian evidence act , and start reading the different case studies similar to your case and have a good layer handy for any contingency. you need to be very innovative and self motivated while dealing with it

gaurav   08 June 2017

I am suggested you based on my experience don't file any case as of now just wait and watch it as game of harassment. Gaurav 9910033801

Zameer   04 October 2017

My wife lied in her DV application about her job status and there are other significant lies as well. Hence instead of filing reply I have filed the 340 crpc perjury case against her and have submitted the proofs to same court. Most importantly She lied about work status and showed herself as housewife being an MBA graduate. I got very strong evidences like RTI replies from PF commisioner and other Govt documentary evidences to prove my claims to show that wife is lier. How JMFC court will look at this application? There is huge salary gap between me and wife. I earn 5 times more than her. How JMFC court looks into it while deciding maintenance? What would be their approch ? We stayed together for 1.5 years and no child. How much time it will take for final order of perjury? Does court dispose this application first before interim ? Or if in any scenario if its rejected what are my options for appeal in higher court and how do we do it? Kindly advise.

Priya Yarlagadda (Student)     05 October 2017

Thanks for suggestion from expert, 

My one question to CM Jain Sir, When will she get punished for her falsity? and how will she get? If we win the case then she goes home and sleeps then we have again file cases against her then prove that for 1 yrs, instead of that why cannot we use the opportunity the legal system has provided to us under 340 section when the system in 2 evidence is not matching.

Sir, Dont take me wrong as Jr trying to understand system and what to help the client

 

rahul jain (student)     09 January 2018

In my dv case she file the case after 2.5 years of sepration secondly she mention in the case that " She need protection for her self and the childrens " and also asked " she need 30k for the herself and for the children and their education " but the fact is there is no child we have during the marriage life .

 

on that basis can we go for perjury ???

 

Experts please rply


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register