Need reply...please.

minimum 3 years of imprisonment.

Background:  Time pass metro wives stresses here on property rights for metro wives in India modeled on American and British Acts. However they will keep frivolous silence on the evils of PERJURY and pass it on kya kare adv. / rishtedaro ne kaha tha s. 498a laga dete hai sudhar jayega and or Bharat Ratna DV laga dete hai property dila dunga aur court se bhi mil jayegi tere ko kar key or Rape case laga dete hai jail to hogi baad mei State tumhe maaf karva dega agar prove nahi hota hai toh….….. I would appreciate people here who press for enactment of PERJURY LAWS in matrimonial cases. The moment it is done 90% of assumed to be FALSE cases under family laws will go for a toss and genuine justice will be rendered that also swiftly.
Reasoning: In the US, the perjury law applies to all material statements or information provided under oath to “a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered”. The Indian position, too, is almost similar as S. 191 IPC makes clear that “whoever, being legally bound by an oath” makes a statement which is false, that person is said to have given false evidence. But, in application, it lies with the prosecution, which is not as effective in India, as it is in the US.
Recent illustration of above say: In the Jessica Lall case, it has to be seen whether the “sudden” invention of “two weapons” having been used constituted false material. In Zaheera Sheikh’s case it is her inconsistent declarations and retractions.  Also in film actor Shiny Ahuja maid rape case now when his side pressed for  PERJURY action against the maid the moment maid turned hostile and gave affidavit stating “on behalf of person who got me employed in Shinye’s house I levied charges of Rape” then Maharashtra STATE intervened saying (telling Magistrate Court) she has anyhow suffered so much so let us drop perjury charges…………it baffles all prudent minds was it rape or extortion racket curtsey STATE which happened qua Shiney’s case ! Keep guessing and bring on table your best thesis oh feminists…………..

Now a take on the brief: Hence what you asked in your brief is called as PERJURY. Now, understanding in simple English what Perjury is in relation to Family Law. Perjury is making wrong / false statement on oath before the Court in a legal proceeding or before any person of Authority in other matter(s). What is most important ingredient of perjury is that the accused should be aware or should have knowledge such false statement, it is not necessary that all wrong or false statement amount to perjury as this false or wrong statement may have been made by the accused on the basis of some information or wrong knowledge for which he may not be having intention of committing perjury in any matter. If in all cases where one of the party to the suit who losses the legal case in the court is involved for perjury by the other party then we shall be having double the number of cases pending in the courts which not so. As far the making of wrong complaint under any provision of the Indian Penal Code in this case as pointed out section S. 498A of IPC what any person who got involved in any wrong complaint & if found by the competent court that such complaint was absolutely falsely made against him by the complainant is to file a complaint under S. 182 IPC for giving False information, with intent to cause public servant to use his lawful power to the injury of another person. A complaint under S. 209 Dishonestly making false claim in Court & S. 211 IPC for filing or instituting False charge of offence made with intent to injure in a Court can also be made by the victim / husband. Also various HC’s as well as SC has said that lower Courts shall take perjury first over the main matter hence press for it before main matter is proceeded.

However, action against making a false statement should be initiated during the trial itself, and not at the end of it — which may take a long time. That may be a deterrent against persons who intentionally mislead the court or make false statements under oath or file tainted affidavits much against the public good. This is one of the reasons — initiating action against a person for perjury after the trial is over — why in India several perjury cases go totally unnoticed as a fresh trial begins on perjury running into years.

Moreover if the Complainant had given false statement against the accused in the criminal proceedings in the court under S. 498A IPC & she had known or believed that such statement on oath she makes is false the provisions of S. 191 & 193 IPC can also be pressed for getting punishment for her. I would like to point out one thing here it is not the Husband / accused in the S. 498A IPC complaint who becomes the complainant in such criminal complaints for perjury under S. 191 & 193 IPC but the First Class Magistrate before whom such false statement was made on Oath, maximum the husband can do is to bring into the knowledge of the concerned Courts judicial officer the offence of perjury with clear defined three ingredients & it will be he who has to decide weather to proceed against the metro wife for perjury or not on the basis of evidence on record for the offence of perjury.


Law in hand: Under S. 191 IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under S. 193 IPC which prescribes the period of punishment as seven years imprisonment and or fine or both.

Hope this brief information will help in understanding the offence of perjury by all the readers in family law forum and pay way for strict perjury taking up when pressed for by husband side.

nice 1 taj ji..

thanks for simple english

Now will you seven time pass writers here reply in simple English to

https://post.jagran.com/shiney-ahuja-rape-case-victim-not-to-face-perjury-charges-1313654032

La La la

Mujhe bhi samajh aa gayi lawyer chacha ki English

La la la

Saat pariyaa or ek parinda

main course ke saath itnaa starter ki jarurat nehi...now LCIans wanna RIP like u papppaji(of course with a dictionary in everyones hands who encounter u!!! even your Eklavya  Zeeshan bhaiya also!!)

@

Tajobsindia

Thank you very much for your illustration.

My father in law has submitted a petion that my shared household is not constructed by my husband as he is not a co-loany but the gurantor only.This is 100% false , he is a retired person of 68 years and this SBI home loan role that loanee must repay loan whithin  70 years of his age or within 5 years or whichever is earliar.But he is lying rpeatedly.

Will he fall into perjury?

@ Gaury

If you looking for legal answer / suggestion then tell MODS. of LCI to delete these two nonsense value accounts

@ Princess

@ Goodgirl

why??

Gaury ji, this is public forum.So if you complain about me, I too can complain about you and papaji.So thinkk before you do something.

@ Good girl

Please dont pollute threads posted by needy people fighting unnecessarily.

I need legal advice as i am facing hardship in life.So please stay  away or take part in healthy discussion.

@Tajiobindia

Kindly ignore these. 

Tajobs

I advise you to ignore posts of Princess and Goodgirl and simply reply to Gauri,as she is a needy girl.If you keep replying back,they will tease you all the more,and in all this Gauri will suffer the most.So follow my suggestion if you want to.At the most you may reply back to them,once you have finished answering Gauri's questions to her satisfaction.

1. "Women are women's worst enemy".
Reasoning: I have the possible remedy in her situation but be it so; now enjoy your own venom. You all don't worry I will not respond to these two time pass side dishes here.............LCI needs some time pass womens too. 

 

what will you complain about?