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Rukumar (No)     23 June 2014

Got evidence of wife working after the order in dv

Dear Law experts

Able bodied and previously working wife filled DV. Got maintanance of Rs 15 K.

Husband went for appeal in Session court.

Wife also went for enhancement of maintanance in session court.

wife also went for recovery in JMFC.

mean while Husband got the experience certificate of wife working as lecturer when the order was passed in favour of wife.

but husband could not prove that wife working during the DV case in JMFC.

now wife had resigned from the job for which husband got Experience certificate. but working at other place.

My quries:

will it be of any help for Husband?

Is there any thing left for husband to bring into the court notice that the wife was working and earning during the period and still working and earning?

Any other option or any suggestion from Legal experts

Regards

Rukumar



Learning

 8 Replies

Have a Heart Foundation (Sales & Mktng)     23 June 2014

Incase if the Wife has suppressed the facts from the court then you can file Perjury.

Perjury is the criminal offense of lying under oath. A perjury charge may be brought when someone makes a false statement after being sworn in or promising to tell the truth in a legal situation.

JUDGMENTS RELATED TO PERJURY :-

(2004)7 SCC 166 para 13 (Supra):

As a general rule, suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the Courts to deter a litigant from abusing the process of Court by deceiving it. But the suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case…”

 

2005 SCC (Cri) 1322 para 21 (Supra): 

“This apart, the respondent did not also disclose the fact in the criminal revision filed before the High Court that he has also been convicted in another Criminal Case No. 202 of 1997 by the Court of Metropolitan Magistrate, Patiala House, New Delhi. Thus, the contesting respondent has come to the High Court with unclean hands and withholds a vital document in order to gain advantage on the other side. In our opinion, he would be guilty of playing fraud on the Court as well as on the opposite party. A person whose case is based on falsehood can be summarily thrown out at any stage of the litigation.

We have no hesitation to say that a person whose case is based on falsehood has no right to approach the Court and he can be summarily thrown out at any stage of the litigation

 

                                                                                     

https://indiankanoon.org/doc/1356442/

Re: Suo Moto Proceedings Against ... vs Unknown on 12 May, 2001

Equivalent citations: AIR 2001 SC 2204, 2001 CriLJ 2611, 2001 (4) SCALE 199

18. Keeping in view the facts and circumstances of this case, the record of proceedings in Suo Motu Contempt Petition (Criminal) No.5 of 2000 and Writ Petition No.77 of 2001, we are prima facie satisfied that the respondent herein, in his affidavit filed in support of the writ petition (for the purposes of being used in the judicial proceedings, i.e. writ petition), has wrongly made a statement that the age of Dr. Justice A.S. Anand has not been determined by the President of India in terms of-Article 217 of the constitution. We are satisfied that such a statement supported by an affricative of the respondent was known to him to be false which he believed to be false and/or atleast did not believe to be true. It is not disputed that an affidavit is evidence within the meaning of Section 191 of the Indian Penal Code and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC. The respondent herein, being legally bound by an oath to state the truth in his affidavit accompanying the petition is prima facie held to have made a false statement which constitutes an offence of giving false evidence as defined under Section 191 IPC, punishable under Section 193 IPC.

 

 

https://indiankanoon.org/doc/1224592/

Chandra Shashi vs Anil Kumar Verma on 14 November, 1994

Equivalent citations: 1995 SCC (1) 421, JT 1994 (7) 459

 

1. The stream of administration of justice has to remain unpolluted so that purity of court's atmosphere may give vitality to all the organs of the State. Polluters of judicial firmament are, therefore, required to be well taken care of to maintain the sublimity of court's environment; so also to enable it to administer justice fairly and to the satisfaction of all concerned.

2. Anyone who takes recourse to fraud, deflects the course of judicial proceedings; or if anything is done with oblique motive, the same interferes with the administration of justice. Such persons are required to be properly dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice.

 

 

 https://indiankanoon.org/doc/1483568/

B.K. Gupta vs Damodar H. Bajaj And Ors. on 10 January, 2001

Equivalent citations: 2001 (2) ALD Cri 83, JT 2001 (4) SC 422, (2001) 9 SCC 742

 

3. From the above, it follows that there are two conditions, on fulfillment of which a complaint can be filed against a person who has given a false affidavit or evidence in a proceeding before a court. The first condition being that a person has given a false affidavit in a proceeding before the court and, secondly, in the opinion of the court it is expedient in the interest of justice to make an inquiry against such a person in relation to the offence committed by him. It is no doubt true that the High Court has recorded a finding that the appellant has made a false statement on oath and has also used evidence known to be false and fabricated.

 

 

J

Adv k . mahesh (advocate)     23 June 2014

it is a clear prejury case and you have better chance to prove her working status with experience certificate and also try to take her bank salary account and if you can prove that now present she is working she will be penalised diverting the court with wrong statements 

Rukumar (No)     23 June 2014

Thank you very much Suresh A and MahesH K Sir,

I forget to give one information, during trial in Dv when she was being cross examined by our lawyer she was doing her MBA.

But by the time order came she was very well employed as Lecturer and earning.

My qurie:

Still now also Perjury will be applicable? As she has not made any false statement under oath?

But she has suppresed the facts later about getting employment before to Order passed in DV.

Please Help 

Regards

Rukumar

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

gautam (not disclosed)     13 July 2014

Hi Rukumar,

You can file a case to reconsider the maintenance amount as there are new angles to the case.

Rukumar (No)     20 July 2014

Thank you very much for ur valuable suggestion and comments.

The point is even my salary is hiked 2 fold now, so any rejoinder in this scenario, will court ask for my current salary or the previous salary will be considered....

Plz Comment

Regards

gautam (not disclosed)     20 July 2014

any fresh case will mean current circumstances will be considered, so your current salary will be considered.

amit8 (abcdef)     21 July 2014

If perjury is proved . will the wife not get any maintenance ?


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