My earlier posting is not complete. Complete posting is uploaded again.
Arup is not advocate. He gives wrong advice. He should stop to give advice.
As per the facts narrated by the author, the offence allegedly committed by the husband does not attract any provisions of contempt of Courts Act, 1971. Filing flalse certificate is not violation of provisions of contempt of courts Act, 1971. The trial courts, the subordinate courts, the district courts have no right to initiate contempt proceedings and the courts of record (High Court and supreme Court) have got the right to initiate contempt proceedings. At the most, these courts, who feel contempt has been committed can frame the complaint and send the same to the High Court for initiation of contempt proceedings. All the posts filed by Arup are devoid of any merit and liable to be rejected. He should stop to throw his personal beliefs on innocent authors.
As per the facts narrated by the author, the offence allegedly committed by the husband comes within the purview of Section 340 read with section 195 (1)(b) of Cr. P.C. for committing the offence described in Section 193 of I.P.C. For that also, the wife has to take some positive actions from her side and then only the court can take cognizance of this offence. The husband has filed false certificate. The wife has to file the correct salary certificates on court record by moving appropriate application supported by the affidavit. If the husband in his reply to this application admits that the salary certificate filed by the wife is genuine, then only the court can initiate action as prescribed in Section 340 Cr.P.C. If the husband does not admit, then the wife has to move appropriate application to summon the employer along with the record. If the record produced by the employer proves the genuineness of the salary certificate filed by her, then only the court comes to the decision that perjury is committed. The matter does not rest here. The trial court has discretionary power whether to refer the matter to magistrate court for trial or drop the issue there. Then, the applicant wife, if aggrieves, can move the appeal.
Yes. In some case, the shrewd people armed with genuine salary certificate can yield some financial benefits from the opposite party.
Yes. The wife has to explain how she obtained the genuine salary certificates and she should show the court that she has not applied any unlawful methods to otain them.
I have also seen that Arup has given wrong advice to one author S.P. under the title "fradulent marriage....." and he directed her to file divorce case in foreign land where she resides, where as her marriage is void under Hindu Marriage Act (Section 11 read with Section 5). He should stop to give legal advice.
