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Ravi (a)     17 May 2018

Is it coming under section 420?

dear all,

my wife accepted and admitted in evidence that she worked prior to marriage. however, to prove her salary, i filed RTI to the employer where she claimed she worked but to a surprise, the employer authorities responded to me stating that the wife never worked with them.

can i file a cheating case against my wife and her parents? who cheated me during marriage negotiations by stating that she is a working lady. will it come under perjury also?

should i file a criminal case or keep mum to save myself so that i get bettwer DVC/Maintance case judgement?



Learning

 8 Replies

TGK REDDI   17 May 2018

It's perjury.     Offences under perjury can be complalined against by the court in which pejury is committed.        In other words, only can that court be the Complainant.

You can however urge that court to prosecute the perjurer.

It's entirely at the discretion of that court to or not to file a complaint.

However a discretionary order is appealable unless it's an interlocutory order.      Certain interlocutory orders too are appealable.

TGK REDDI   17 May 2018

Section 420 of the Indian Penal Code is not attracted.

Ravi (a)     21 May 2018

thank you so much for your advises.

shall i raise under sections as state above against my wife, her parents & all 498a witnesses?

is there any provision to file for compensation suit against the damage we received thru 498a harrasment?

can i file the divorce again 2nd time? my first divorce got dismissed on merits.

Aman chawla (DELHI HIGH COURT ADVOCATE)     21 May 2018

Originally posted by : Ravi
thank you so much for your advises.

shall i raise under sections as state above against my wife, her parents & all 498a witnesses?

is there any provision to file for compensation suit against the damage we received thru 498a harrasment?

can i file the divorce again 2nd time? my first divorce got dismissed on merits.

Yes, you can file the civil suit for recovery on account of  Malicious prosecution and defamation case against your wife.

If you need Draft of such suit contact me 

Thanks,

Regards,

Aman Chawla

1 Like

Aman chawla (DELHI HIGH COURT ADVOCATE)     21 May 2018

Originally posted by : Ravi
thank you so much for your advises.

shall i raise under sections as state above against my wife, her parents & all 498a witnesses?

is there any provision to file for compensation suit against the damage we received thru 498a harrasment?

can i file the divorce again 2nd time? my first divorce got dismissed on merits.

Yes, you can file Divorce on new grounds with a new cause of action. 

Ravi (a)     22 May 2018

thank Aman Chawla sir.

so, this means all 3 cases can run simultaneously. please respond if that is what you are saying..

1. civil case for recovery of damage in monetary format due to 498a harassment

2. criminal case (sections stated above) against all 498a witnesses for false evidences, perjury and malicious prosection

3. divorce case due to cruelty and dessertion and all legal harassment

 

thank you once again.

Aman chawla (DELHI HIGH COURT ADVOCATE)     22 May 2018

Originally posted by : Ravi
thank Aman Chawla sir.

so, this means all 3 cases can run simultaneously. please respond if that is what you are saying..

1. civil case for recovery of damage in monetary format due to 498a harassment

2. criminal case (sections stated above) against all 498a witnesses for false evidences, perjury and malicious prosection

3. divorce case due to cruelty and dessertion and all legal harassment

 

thank you once again.

Yes sir I mean the same, you can file 340 crpc application in the concerned court in which judge will take cognizance of the same, this all can be done in criminal defamation,

And in civil defamation, you can ask for compensation, but remember one thing you need to deposit court fees as per law 

and your Divorce case in maintainable on the new cause of action 

all cases can run simultaneously

Thanks,

Regards,

Aman Chawla

 

Ravi (a)     22 May 2018

thank you so much sir.

 


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