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Totallyharrased (me)     24 September 2014

Perjury case

I am married since 9 years. I have a son who is 5 years old. My wife is not staying with me for last 4 years. I have filed RCR 3 years back and is pending in the court. 6 months back my wife filed a divorce case alleging dowry related cruelty on her which are absolutely false. She is pressing on the point that I asked money of Rs 10 lakhs from her father which is absolutely false. I am not a lawyer but I am asking you people is this statement of her in divorce petition comes under perjury? If yes then I want to file a criminal case against her. I have written a small petition myself on that and wanted to file in family court, but the judge did not accept this petition as family court is a civil court and the case is criminal in nature. Then I went to my advocate to file it in magistrate court, but my lawyer is telling as the statement is given to civil court it will not be maintainable in lower criminal court. I do really want my family back and at the same time I want to file the perjury case to pressurize my wife. What to do?



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 2 Replies

Tajobsindia (Senior Partner )     25 September 2014

@ Author,

 

1. Wait for her to replicate her allegations under Oath.

2. Wait for her Examination to be over. 

3. Perjury case can be filled in same Family Court.. Family Court has power to conduct preliminary enquiry, issue show cause notice to wife to afford a reasonable opportunity, the Family Court should record a finding that it is expedient in the interest of justice that an enquiry should be made and then the Order recording such a finding must be a speaking one and then punishment part comes

 

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Totallyharrased (me)     25 September 2014

So according to expert Tajobsindia, the perjury case filed in Family Court is maintainable. I need more and more opinion like the same. Please answer.

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