Wrong declaration by the petitioner regarding place and date
Sai
(Querist) 12 October 2014
This query is : Resolved
Respected Sir/Madam,
My husband Saravanan has filled a H.M.O petition on 15.09.2012 in Tiruchengode Sub Court of Namakkal distirck in Tamilnadu by giving Tiruchengode address in H.M.O (divorce) petition. He has also certified in the above petition that he was residing at Tiruchedgode address and available in Tiruchengode on 15.09.2012.
Two months later, I came to understand that the above address and date for availability of Saravanan at Tiruchengode furnished in the court are false one. Actually on those dates, ie on 15.09.2012 and 29.12.2012 he was available at Singapore and not in Tiruchengode. He has given false certificate sign in the petition regarding the date and place.
Could you please answer on the below.
1. What are the procedures to be followed while filing a petition in India while available in aboard?.
2. For the wrong declaration regarding residential address and date furnished in the petition. Whether the petition is liable to be dismissed by the court of law.
ajay sethi
(Expert) 13 October 2014
in your written statement you should mention that Petitioner has deliberately suppressed material facts made false declaration on oath regarding his address .
Dr J C Vashista
(Expert) 13 October 2014
What can you achieve by bringing the fact in the notice of court? You can move application u/s 340 Cr PC for committing purjury, which is very difficult to prove.
Better concentrate on defending your case.
ABDUL RAZIQUE
(Expert) 13 October 2014
Filing a false affidavit or making some wrong statement in some judicial proceeding is definitely an offence and is punishable. When an offence of the nature as referred in Section 195 CrPC appaear to have been committed in relation to proceeding in a court by any person, such court under Section 340 CrPC can initiate a criminal case against such person. "Giving false evidence" is defined in Section 191 IPC. "Fabricating false evidence" is defined in Section 192 IPC. Both these offences are punishable, under Section 193 IPC, with upto 7 years imprisonment. No person can be allowed to take the law so lightly so as to file such brazenly false statements/affidavit. Though the law of perjury in India is not as strong as in developed countries, but still there are provisions in law, as mentioned above, to take care of such situation.
Sai
(Querist) 13 October 2014
Respected Abdul sir,
Please share your contact number to discuss about this further.
Anand Bali Adv.
(Expert) 14 October 2014
Dear Sai,
It is advised to prepare a good Defence submission (Written Statement i.e WS) with out mentioning these facts now, this will help you at the time of the cross of the Principle Witness.As that time he is to prove his presence on that time.
Next after the cross examination you also can file a complaint under Cr Act as filing wrong affidavits in the court is offence punishable under IPC.
Now at this stage you are advised to concentrate on the reply and defence only from your side do not think here and there.
T. Kalaiselvan, Advocate
(Expert) 18 October 2014
@Author: you have been advised ti maintain silence on this aspect for the present and this issue can be highlighted during cross examination which will help you to prove his case as wrong and he has not approached the court with clean hands etc. Hence, discuss the issues with your lawyer and better remain advised properly on how to handle such things and when.
