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Biplob dpg (non)     14 May 2010

Telling lie in the court by Oth

My wife lodge a maintanance case aganist me in the year 2003 in lower court.During the trail I submitted a falls pay statement of my monthely income of another company , and I also gave the fallse statment and evediance accordingly on oth in the lower court, in order to fix her maintanance allowence at a very low rate ,but me wife mannaged to appear my original office head to give his witness and diposition of true salary sheet in the case,I could not challanged the same as it was true.Her maintanance allowence was fixed as per statement of my original office head at a heigher rate on 2007.

 

After that on 2007 my wife lodged a case aganist me u/s 193,195,196,197,198 and 120B to the ACJM but the same was forwarded to the lower court for trail.The lower court issued summon to me and I took bail in that case and moved to the High Court with the case.The High Court quashed the case on the ground that the party is not authorised to start such case but only the Judge in whos court the said trail was finalised is the only authority to do the case and also opions that the party may brought that case in details to the notice of the judge in question for proper justice.

 

Accordingly in 2008 my wife brought the entair case in the notice of the judge in question of lower court where the said case was finalised on recipt of her application Lower court judge framed charges aganist to me u/s 193,195, 197,198, in section 340 and the invistigation process started .My wife recorded her witness on 5th May 2010.I am going to get summon in that case shortly.

 

I may kindly be advised as to how I can Escape from the case? is there any way or I to face Punishment ?if So ,for how many years????



Learning

 9 Replies

N.K.Assumi (Advocate)     14 May 2010

The Hon'ble High Court has quashed the proceedings against you filled under section 193  to 198 read with 120 B, if so the same can not be tried again, as the principle of double jeopardy will apply to the second case. Article 20 (2) of the Constitution reads " No person shall be prosecuted and punished for the same offence more than once.


(Guest)

1. You are "victim of gender bias" nothing else. Court takes ages to "start an enquiry" against false Oath deposition of a wife in any "metromonial suit" be it S. 24 HMA or S. 125 CrPC and I am yet to discover one single matrimonial suit where any ADJ / MM has "started the enquiry under S. 340 CrPC" against a wife on perjury grounds.

2. To save your back just say it was un-intentional mistake and since you are meeting the fixed maintenance then you should be pardoned with "cost" but do point to same Court that though perjury is not a lighter offence but when a wife states under Oath any false statement and husband files S. 340 R/w S. 191, 193, 196 IPC and requests Court to take action against wife, leave aside "enquiry" even "reply is never asked".
But here since your wife's side are hell bent (to bend your knees) I doubt any escape here other than luck (means you have to discover from her entire suit filling till date at same Court or other Courts, if she has said one single sentence under oath as lie and you now file a counter perjury affidavit and ask same Court to initiate perjury proceedings against her in the name of "equity" - do tell what is the reaction of Court this time ) .
Rgds


(Guest)

Is it "quash" from HC ? I think HC "dismissed" your "quash petition" and asked you to move to same court and thus dinot grant you any relief.

Kindly double check the Order sheet of HC ?


(Guest)

Sh Prabhakar ji,

What about "expedient in the interest of justice" as in "OBSTRUCTION OF JUSTICE in due course of proceedings" ? Then also court should not wake up to see perjury happening kya !

Very strange your answer is that means no one should expect justice and it also means that there should not be any justice from court.

There are similar cases in which there are Delhi HC Judgments where DHC has taken action against erring wife and in another case DHC has taken action on husband too by defining the 'steps" of S. 340 CrPC i.e. on false evidences in matrimonial (maint.) proceedings and hopefully you may also be aware of these S. 340 CrPC orders in matrimonial cases too i fnot then I may post 2-3 of them kindly advise?
Rgds

Biplob dpg (non)     23 May 2010

Pls Mr Prabhakar,

If any way for ESCAPE Pls tell me.Becoz My High Court Lawyer said "No Way" Becoz I deposited falls Paysheet too, and it is now totally doccumantory case .Pls help me.

Biplob dpg (non)     23 May 2010

Mr N.Asumi,

High court quash  the petition only ,not the case.High court adviced opposite party move it in  the same court where party told lie. and pray the same court  for take action in rule ,And also take action in crpc 195 and 340.

Biplob dpg (non)     29 May 2010

Pls Mr Prabhakar help me, As u said that "Indian courts will not take "perjury" as serious offence" If you have any judgement about this then pls give me the link of any clue.


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