Suo moto action by the court
Querist :
Anonymous
(Querist) 17 June 2011
This query is : Resolved
Wife filed case for divorce on the ground of cruelty making false, fake and frivolous allegations such non-provision of foods, Demand for dowry and metal and physical harassment for dowry by the husband and his parents.
Now wife want that husband and wife should jointly convert the case into MCD. Husband is ready for MCD. Since allegation are totally wrong, husband want that wife not only withdraw allegations but also accept before the Court that they were fake and frivolous. Wife is all most ready for the same. Husband will not take any action for perjury and defamation for the same.
If wife accepts before the court that allegations were false, fake and frivolous, what action the Court can take sou motto? Is this contempt of court? What is the punishment for the same? or the Court will warn the wife and forgive her?
PALNITKAR V.V.
(Expert) 17 June 2011
If the husband and wife state in the consent terms that they withdraw the allegations, the court is not likely take any action suo moto.
