Perjury in dv
Jayant Yadav
(Querist) 05 February 2014
This query is : Resolved
Dear Experts,
My sister is fighting domestic violence case against her husband. In the reply of our petition her husband referred to some transactions into my sister's a/c from his sisters saying that those transactions were loans taken jointly by him and my sister from his sisters. We refuted it during the rejoinder, as the money was in fact return of a previously taken loan. Before the interim argument, the judge asked both the parties to submit a detailed affidavit on earnings, expenditures, assets and liabilities. Now in this affidavit, her husband has mentioned that he has no liability of any kind (secured/unsecured etc.). He has also submitted his bank statement where there has been no transaction to his sisters or large cash withdrawl.
We now have interim arguments coming up.
Can we claim that her husband has committed perjury in claiming the joint loan from his sisters, since he has now mentioned that he has no liabilities. If the loan was taken jointly and has not been paid, it should have been shown in his liability?
Also he has submitted that his parents are dependent on him and he has no brother, while in reality he has a brother and his parents withdraw old age pension by claiming that their sons are not supporting them.
Does this become a ground to initiate a perjury application?
Regards,
Jayant
ajay sethi
(Expert) 05 February 2014
concentrate your energies in fighting DV case on merits .in your arguments before the court point out inherent contradictions as stated by you . dont file perjury application now
Jayant Yadav
(Querist) 05 February 2014
Thanks a lot Ajay Sir...
Should we drop the idea of filling perjury altogether or may be rexplore the idea later..
ajay sethi
(Expert) 05 February 2014
you end up spending more money in legal fees and running around courts . forget it at present
Jayant Yadav
(Querist) 05 February 2014
Thanks a lot Ajay Sir, for your time and valuable advise..
ajay sethi
(Expert) 05 February 2014
thanks for your appreciation
V R SHROFF
(Expert) 05 February 2014
Well and prudent advise of Shri Ajay Sethi.
Perjury not practical.
Only fight on merit.
Devajyoti Barman
(Expert) 05 February 2014
It is not fit case for perjury either.
All untrue statements are not perjurious.
Rajendra K Goyal
(Expert) 05 February 2014
Agree with the expert ajay sethi ji, a practical and suitable advise in the given circumstances.
R.K Nanda
(Expert) 06 February 2014
perjury case is not made out.
Advocate. Arunagiri
(Expert) 06 February 2014
My friend Mr.ajay sethi, had advised you, to live in peace, which is the ultimatum of the man kind.
T. Kalaiselvan, Advocate
(Expert) 09 February 2014
I go with the suggestions of expert Mr. Arunagiri,which combines every ones opinion on the subject.
