False statements in court
Suraj Kumar
(Querist) 21 March 2022
This query is : Resolved
Sir,
My wife file 125 CRPC wherein it is stated that " Husband torture upon her "
In objection of RCR ( RCR is filed by husband) she stated that husband want to live peacefully with her.
Sir,
Can I file a case under 195 IPC , 340 CRPC and other relevant sections to punish my wife for making false written statements before court ?
Can I pray to dismiss 125 CRPC ?
Will she be published ?
K Rajasekharan
(Expert) 21 March 2022
You cannot file a case under the Sections mentioned in the query. The court alone can initiate criminal proceedings against the person who makes false statements.
Normally, such cases are not taken up by the court because of the procedural tangles. The court can only initiate the proceedings and the Magistrate court alone can act upon it.
In matrimonial cases, no court will take action on the unfortunate parties who are under stress and strain except in very grave situation, even if they are at fault.
My write up on perjury and forgery, which may give you an overview of the issue, is there at https://lawwatch.in/offence-of-giving-false-evidence-in-court/
Dr J C Vashista
(Expert) 22 March 2022
You can move application u/s 340 CrPC, there is no embargo.
