False statement by counsel
BALKRISHAN
(Querist) 25 July 2013
This query is : Resolved
In one family court case, the wife has given false address, so counsil from husband side informed the court. The court asked the counsel from wife side about the address, here wife counsel confirmed and said the wife is staying at same address. The court recorded this statement in order sheet.
Now the husband have complete proof the wife is staying somewhere else.
Need, advice, what the husband should do?
Will it come under purjery against wife or her counsel?
Devajyoti Barman
(Expert) 25 July 2013
This is trivial issue.
Why are wasting energy in this non issue?
R.K Nanda
(Expert) 25 July 2013
no, it is not perjury.
BALKRISHAN
(Querist) 26 July 2013
Thanks for responce, is there any benefit the husband can take in his case, this false statment recorded in ordersheet to make the case strong?
prabhakar singh
(Expert) 26 July 2013
EVEN IF YOU PROVE HER WRONG IT WOULD NOT AFFECT MERIT OF THE CASE.
AND ADDRESS CAN BE CHANGING AFFAIR.
prabhakar singh
(Expert) 26 July 2013
ONE THING MORE "CORRECT" THE HEADING OF QUERY AS:
"FALSE STATEMENT OF PARTY"
Rajendra K Goyal
(Expert) 26 July 2013
Not a big issue for which husband can have benefit in merits of the case.
alexander
(Expert) 26 July 2013
In this case the point raised could be a non issue. The rule position is clarified in Rule 14A order VI CPC as follows
Every pleading when filed by a party,shall be accompanied a statement in the prescribed form signed as per Rule 14 of the same Order viz Order VI, regarding the address of the Party This address so furnished is called the REGISTERED ADDRESS of the party and shall be so considered for a period of two years after the final determination of the cause or matter. This address can be changed from time to time by lodging in court a form duly filled up stating the new address of the party and accompanied by a verified petition.
There is no restriction to a person staying/residing or visiting another place so long all communications received from the Court regarding the proceedings in progress in the Court are duly received by the party or his/her representativer.
Guest
(Expert) 26 July 2013
Wrong or right, any statement given by the counsel is treated as statement of the client under his/her authority.
R.K Nanda
(Expert) 26 July 2013
no more to add.
BALKRISHAN
(Querist) 26 July 2013
Thanks for valued suggestion. I think you all are talking practical approach in society or court, the reality is secondary.
The matter in open court was - The counsel from husband brought in the notice of court that the wife alongwith daughter is staying somewhere else not in the address given in court pettition, the court asked the counsel of wife, who replied in confidence, no the wife is staying with mother at same address given in court petition.
Court looked at counsel and said ok, lets record the statment in ordersheet. And it got recorded in ordersheet. The mother of wife seperetely communicated in email that the wife is not staying with her and staying at some other address she has given to the husband.
Now here the entire statment given by counsel of wife stands false / lie.
If it does not have any importance or consequences, than it surprise, that it is so easy to say or record anything in open court or in ordersheet.
But thanks for advice and your valued opinion.
Dr. Jyothi Vishwanath
(Expert) 29 July 2013
Let the husband be a REAL MAN and fight the case on merits than taking advantage of totally FALTU issue...
Raj Kumar Makkad
(Expert) 30 July 2013
Rightly advised by experts on all points related with the query.
