SSSSSSSSSS
(Querist) 24 May 2011
This query is : Resolved
Sir, I have certain query regading DV case. In my case M.M asked petitioner to submit EVIDENCE BY WAY OF AFFIDAVIT, which she submited. Sir the affidavit is full of false statement and itself contradictory statements, i have all evidence. My question is, If there is any section in ipc to registered a case against her or it is possible to ask M.M to frame charges under any section of ipc on her. What i can do in this situation. Kindly show the path.
Guest
(Expert) 24 May 2011
You may not think that only you may be having some negative points against the opponent. If you desire to file some case against her, she may also be having some loopholes out of your case and can also launch a counter case against you. There may not be end to the process of cases and counter cases from one another. In that event even your whole life may not be sufficient to fight each other's case.
So, it is better to first defend your case to prove her statement to be wrong. Only after judgement in your favour think about your revenge, if you believe that to be a must.
K.C.Suresh
(Expert) 24 May 2011
Now you are under the judicial scrutiny before a Court. You defend and place your arguemnets before that Court. Let me enlighten you one thing "there is NO shortcut in judicial process once it started" All the Best my Friend.
adv. rajeev ( rajoo )
(Expert) 24 May 2011
Ok if it is presumed that affidavit is filed with false facts, but burden lies on you as well as opponent to prove the facts. If you proved false affidavit is filed then you can submit to the court to initiate legal proceedings.
SSSSSSSSSS
(Querist) 24 May 2011
Thank you very much for your kind suggestions given to me by all of you.
Jitendar Kumar gupta
(Expert) 25 May 2011
Move an application for cross examination and establish the the facts are false . Court shall itself cognizence.
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