Ipc 209
Daniel Chennai
(Querist) 15 August 2017
This query is : Resolved
Wife has filed a divorce case where she has mentioned all false statements and allegations under sworn affidavit. All these allegations are completely false and she can never prove it. Can husband file a perjury application under CRPC 340 read with IPC 209 denying wife's claims and mentioning that wife cannot prove anything as all allegations are false? Or is he required to prove that claims of wife are false and then only he can file perjury under IPC 209.
Second question is can husband pray to court to invoke IPC 209 in prayer of his WO. The case will be dismissed because wife cannot prove cruelty. So during judgement IPC 209 should automatically get invoked if it is in Prayer. Is it possible?
P. Venu
(Expert) 15 August 2017
First of all, let the evidence be adduced and case decided on merits.
R.K Nanda
(Expert) 15 August 2017
during pendency of divorce case you cannot file 340 Crpc petition,let divorce case be first decided.
Rajendra K Goyal
(Expert) 15 August 2017
First defend the cases against you and prove all claims false, wait for the judgement.
Dr J C Vashista
(Expert) 15 August 2017
You required to disprove allegations levelled against you. Besides this, you should prove the factual position.
Neither any perjury nor case u/s 209/340 IPC can be made out during pendency of the complaint case. However, subsequently i.e., after delivery of judgment it depends upon the ratio of judgment and circumstances to proceed u/s 209/340 IPC or not; only thereafter, you should consult your lawyer on the subject but do not adventure for a second opinion on the basis of information provided in bits and pieces especially this platform, who shall form an opinion accordingly but without going through case file, evidences, documents and judgment, which will be incomplete, incorrect and may result in damaging the situation vis-a-vis case.
