LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Need help in dv case

Querist : Anonymous (Querist) 09 November 2011 This query is : Resolved 
Respected sir,

your valuable has helped a lot , but at this time we need help for knowing some facts.

Appeal is pending and we collected many evidence that the filled complaint in DV is false

matter:
1) according to complain wife left home in year-2008 after then she was neither connectd nor ever came and reside with the husband.

we have evidences that she was fully connected with husband and came and reside in year -2009.

thus she is misguiding the court. the above said statement made by her in an oath.( Affidavit)

we shown the evidences to our counsel but he is telling that she has filled the complain so let she prove her points.

my query: 1)Is there is no way to reveal that she is misguiding the court.

2) we requested to our counsel that to file an application of 340 crpc under perjury.

but he replied he will not file and if forced he will quit from the matter.

at such a turmoil state when the entire family effected through false frivolous case. family who are having factual documents and several messages to reveal that wife was fully connected with husband and case is filled is wrong we cannot submit our documents.

the only request if any way in a situation when the evedinces are prsent of her falsity how we can reveal by submission.

plz guide if any possibility is present.
ajay sethi (Expert) 09 November 2011
go by your advice of your counsel . no relief under section 340 Cr PC forperjury is available at this stage

if wife has stated that she ahs not resided with husband after 2008 you can in your reply state that staement is false .
in your reply you cna produce documentary evidence if any that she resided with husband in 2009 also .

dont force your lawyer . he is advising you well in the matter
Sankaranarayanan (Expert) 09 November 2011
yes if any evidence on your part then keep it ready , when it come to court then you can prove your all by way of your counsel. Once you seek the help of an advocate then you have to believe and follow his word, every lawyer have same motive that to save their client . so you have to follow according his advise.
prabhakar singh (Expert) 09 November 2011
If you have not understood properly to the useful guidance given by Mr. Sethi then i
would like to remind you by a popular Hindi
saying"NEEM HAKEEM KHATRE JAAN"!

Rely on lawyer you have engaged.
Shonee Kapoor (Expert) 09 November 2011
Don't try to put the cart before the horse.

You are being advised right.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Ravikant Soni (Expert) 09 November 2011
Before filing perjury one must know what perjury is??


What i say is, still experts of law discovering what perjury is??


Prabhakar sir, "Bandar ke haath me ustra" also applied here.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :