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Ramesh Say   26 August 2023

Perjury in pwdva

My daughter-in-law (DIL) has filed a complaint against my son + 5 family members 6 years ago and won an ex parte award for interim maintenance. The trial is yet to start. She has in the complaint lied about my son's salary. His correct salary has been accepted by the sessions & HC to reduce the quantum of maintenance. She has lied about us having stolen her stridhan though it was offered in writing to her prior to her filing the case. It has been subsequently returned in the police station by us. She has lied that she was staying in a different rented accommodation in order to claim rent as part of maintenance as notices sent on the address were returned with the remark "No such person here."

Given these proven lies can we file a case of perjury against her? Is it time barred? If proven can the PWDVA complaint be dismissed?



Learning

 4 Replies

Dr. J C Vashista (Advocate )     27 August 2023

Yes, purjury is maintainable.

File a case under section 340 Cr PC through your lawyer.

dev   06 September 2023

Dear Sir,

If perjury is proven can the case be dismissed? We are in arrears in payment of maintenance. Can the complainant take a stand that perjury case / trial not be started till arrears are made good?

 

P. Venu (Advocate)     06 September 2023

In our country, the Courts are reluctant to entertain petitions relationg to perjury.

dev   30 October 2023

Dear Sir,

In this case my daughter had in her complaint stated that her father spent Rs. 2 cr on the wedding. I filed a tax evasion petition with his ITO and after following up for 6 years, during which time the case was closed and reopened, I have received a reply that the father has filed an affidavit with supportings that he had spent 28 lacs for the wedding and the case has been closed again and my tax evasion petition was filed to harass her family. What is my remedy?

 


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