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Naresh (In search of job)     24 November 2010

Implications of perjury?

Dear LCI members,

 

Please enlighten me on the subject of perjury? In matrimonial disputes, what are it's implications in the following scenarios?

 

1. Suppose husband lies in the court that he is jobless, but later ( before final order pronounced or after the cross examination is completed but before the final order) if it is proved by the wife that he is having a job? What can happen in both the scenarios? Please point me to any relevant judgments.

 

2. Husband says he is working and also says how much he is earning, but doesn't want to tell where he is employed, since the fear of losing the job, since the opp party may try to malign his reputation in the company. In this scenario, can court accept it?

 

3. Is Perjury a criminal offence in matrimonial matters? and what is the punishment?

 

2. If wife claims jobless, even though later it is proved that she was in fact working as in the above (1) case, but just that it is now female did perjury (lied)? Any judgments related to it? 



Learning

 5 Replies

M. A. Khan (advocate)     24 November 2010

whoever makes deliberatly false statement in court either in pleading or in evidence is liable for prosecution.  Punishment depends upon what context false statement is used.  It can be upto 7 years.  You can make application before family court for enquiry u/s 340 of CRPC, than family court, if find material in your application, send the matter to concern magistrate for trial, who will punish the culprit.

Tajobsindia (Senior Partner )     25 November 2010

@ Author

1. Why you are dependent upon Citation ?


2. Cross examine her and witnesses the truth will be out.


3. What is your locaiton ?


4. Under Family law till date only case to the best of my knowledge has crossed over to a High Court and is right now under Appeal by wife (to pardon her) that also before Hon'ble SC which is based on pure perjury done by wife in a S. 125 CrPC suit - job related !

Jamai Of Law (propra)     27 November 2010

The person's plea or deposition, in regards to the concerned suit, is liable to be struck off partially or completely, based on the cicumstances and details of perjury incident...................... if it gets proved that the person has indeed committed perjury....and it may attract some kind of monetory fine also ...generally

 

 

 

 

superfast munnabhai (trainee)     01 December 2010

Adv Khan Sir,

 

 

I have another question.Mostly other litigant's advocate does the talking and the advocate is keeps telling lies. it need not be only in pleading (petition) or evidence during the whole process advocates also do lie many a time.

 

 

Is there any law such as crpc 340 to complain against the lawyer(of other party) in the family court for lawyer's lies e.g. lies told while taking adjournemnts for no reason or delaying the case.

 

 

Please do mind about my emotional outburst I alos apologise for that. but some of the lawyers are really indulging into all other acts such as delaying tactics instead of dealing with case on it merits...

 

superfast munnabhai (trainee)     01 December 2010

A Correction.

 

Please don't mind about my emotional outburst


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