False statement before court
sathiya
(Querist) 24 March 2015
This query is : Resolved
Dear Experts,
I had submitted a DV petition against my wife. She replied with affidavit and given the false statement in reply which I can prove to be false.
can I suit addtional petition u/s 191 & Crpc340 agianst my wife?
If yes then please tell the procedure.
Thanks
Devajyoti Barman
(Expert) 24 March 2015
Yes, you can file petition u/s 340 crpc.
sathiya
(Querist) 25 March 2015
shall I verify those false statement by court prior to file case u/s crpc 340 or direct I can file?
Nadeem Qureshi
(Expert) 26 March 2015
Dear Querist
You word the You had submitted a D.V case against your wife is very confusive, being the men you can not file the complaint against the Wife under D.V.Act, i don't think so that your case will be maintainable until & unless you file the case on behalf of any women.
section 191 & 340 of Cr.P.C complaint may be filed directly before the trial Court where the case is pending.
sathiya
(Querist) 27 March 2015
Oh very sorry sir, I mean to say Divorce not Domestic voilence....
I did not know that....
Sorry..
T. Kalaiselvan, Advocate
(Expert) 27 March 2015
Her written statement in divorce case may not attract the provisions of section 340 cr.p.c., you may concentrate on the prosecution of your case for the present.
sathiya
(Querist) 30 March 2015
But, she has given the false written statment about her only that she was persuing M.Sc during the time of marriage but till the time of marriage she even did not complete her B.Sc properly. I can prove it.
Please suggest.
Guest
(Expert) 30 March 2015
Falseness of the statement has to be proved before the judge. Mere your belief has no relevance.
sathiya
(Querist) 30 March 2015
Dear SIr,
As I stated above "I can prove" from where the qestion did arise?
Only matter is that can I file case u/s 340 crpc only?
Guest
(Expert) 29 April 2015
Nice, if you can prove. But, you have asked the procedure, which is the headache of your own lawyer, who is supposed to know all that.
Also, please clarify, with what specific purpose you want to file additional petition u/s 191 & 340, when you are yet to prove the statement of your wife as false?
Also, what is the opinion of your own lawyer about the case u/s 191 and 340?
sathiya
(Querist) 08 May 2015
Sir,
she cheated me and grabbed much money, I went to police station but they did not lodge FIR because she is my wife (as per section IPC 27) and my all proofs are disregarded. Hence I want to file this criminal case against her so that she will be caught and punished and I can get divorce easily.
Guest
(Expert) 08 May 2015
Any reasn for avoiding reply to part of my previous question, "Also, what is the opinion of your own lawyer about the case u/s 191 and 340?"
