Arup Chatterjee (Scientist) 16 August 2013

Is giving false statement in court a crime?

My wife has filed a case against me in pressure of her parents for Nullity of Marriage as our marriage was a court marriage on Special Marriage Act without informing parents.

The grounds she is demanding are

1) No conjugal life

2) No co-habitation

3) I am a fraud, I married her for her fathers property.

I have strong proofs aginst all these allegations. And it seems the court is in my favour because the court understands that these are false statements.

Another question is can I file a case against her as she has given false statements in the court? Like with all the false statements she has also told that she is still Virgin, but it is absolutely false. She wont be able to prove herself a virgin! CAN I CHALLENGE THAT AND ASK TO PROVE? WILL THE COURT SEE IT AS A PREJURY?

I am always ready for mutual divorce. But If they are not coming to solve it mutually I would prefer to ATTACK her, as OFFENCE is the best DEFENCE. Please suggest!

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4 Replies

Kolla Gangadhar (Practicing Advocate since 1986) 16 August 2013

Under Section 193 I.P.C. Punishment for false evidence. You obtain certified copies of Evidence given by your wife and after pronouncement of Judgement in your favour you file criminal case under Section 193 I.P.C. against your wife.

Arup Chatterjee (Scientist) 16 August 2013

Thank you Mr. Gangadhar. But if the case is solved as a Mutual Divorce and there is a clause that Me or my Wife noone will be able to make any case further after the Mutual Divorce then also CAN I FILE THIS CASE AGINST HER?

Can't I file this case now while the hearing is going on in the court?

She has told herself in front of the Judge as well as in the plaint that she is still Virgin. Can I ask to prove it? Will it be taken as a PREJURY?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 17 August 2013

if there is any terms and condition regarding not filing any case further in future after MCD then you can not file perjury.

why do you want to go for filing case against her?

Virendra Sharma (Lawyer) 30 August 2013

Dear Friend, Please consider the provision of Section 195(1)b CrPC as well as Section 340 CrPC. Procedding relating to false evidence defined under sec.193 comes within purview of sec 195(1)b CrPC which imposes bar and certain restrictions on court's power in taking cognizance on direct complaint.

So take care.

Thanks