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SRINIVAS KOTAMMRRI (SERVICE)     01 November 2010

Perjury

In June’10 my wife filed a case U/s 498 A & Sec.3 & 4 of DP Act and the case is pending  in court.  Simultaneously she also filed a civil suit on behalf of my minor son (Age of my son is 10 Years) for division of HUF property  against my father and on all my three brothers.   The property is in my fathers name. She has enclosed encumbrance certificates of the property along with the suit.  In the civil suit she has stated that the rental value of the property is Rs.25,000/- per year.

 

In Sep’10 she filed another petition for maintenance U/s 125 of CRPC wherein she stated that the I am getting salary of Rs.25,000/- and rental income of Rs.15,000/- per month.  Hence she claimed maintenance of Rs/.5,000/- to her and Rs.3,000/- to my minor son totaling to Rs.8,000/- maintenance per month.  In fact  I am not getting any rental income and the Income Tax returns filed by me also proves that my source of  income is only  salary. 

 

 

Now my question is deliberately giving wrongly information to court will become perjury.  Can I file a suit for perjury as she has stated that I am having rental income even though I am not having ?  and will there be any negative impact on my 498 A case if I file a case for perjury ?

 

Please advice.



Learning

 2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 November 2010

On such minor matters perury will not stand since you have opportunity to contradict by producing your evidence.

R.Ramachandran (Advocate)     01 November 2010

If your wife even though employed, but says to the court that she is not employed it is a false hood and therefore would attract perjury.  However, if she says that you have rented out certain premises and therefore are getting rental income - it would not be called perjury - at best based on the information provided by you in your reply if the court is satisfied then it will not accept the version of your wife. That is all.  There is no perjury will be attracted in such circumtances.


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