False Affidavit
Balaji Bakthavathsal
(Querist) 11 March 2011
This query is : Resolved
Dear Learned Advocates,
I am very grateful to this forum for offering valuable suggestions/solutions. I humbly request you to offer your views on my following query.
Alongwith the affidavit filed under CRP petition in the Highcourt of Madras, the plaintiff submitted a family genealogy wherein he had depicted a wrong picture saying one Mr. X had four sons while in fact Mr. X had only three sons. Also, he has claimed himself as an adopted son to another person while in fact he himself had admitted that he is the foster son in the lower court in an earlier case. Please clarify my following doubts:
1) Being the legal heir to Mr. X, can I file a suit against the plaintiff for submitting the false genealogy and bringing disrepute to my family ?
2) Can I challenge the status shown by him as adopted son from that of Foster son ?
3) Whether it comes under civil suit or criminal suit ?
4) Where I have to file the suit in the lower court or High Court ?
5) When the CRP is pending, can I file a new suit on the affidavit submitted by him ?
Please note that I am not the direct respondent/defendant in the CRP and the CRP was filed in the High court seeking quash/dismissal against the lower court’s order.
Thanks & Regards
Balaji
Raj Kumar Makkad
(Expert) 11 March 2011
I suggest you to become a party in the pending CRP and then file an application under section 340 Cr. P. C. against the petitioner on all grounds you mentioned in your query. High Court have vast powers to deal with such 'tactful offenders'. High court can make direction of every type may it be civil, criminal or both.
