Please suggest....

Originally posted by : Sachin
	Dear All, I am facing case of DV act filed by my wife.  In this case, I have filed application of perjury along with WS. Atlast court has finally agreed to decide the application of perjury and the next date is for argument on my application. I am thinking to file written arguments. Now the question is  When i filed the application of perjury i only raised the point that she has lied about her employment status as she claimed that she is unemployed and i alleged that she is earning. and when filing the reply on perjury she again claimed that she is unemployed. Now I want to raise some more points she lied like regarding the list of stridhan. and physical cruelities. So can i raise these additional points in my written arguments?

How pathetic, advice giver seeking advice?

From your other posts it appears that you are qualified enough to reply to legal queries.  But how come you have problem attending to your own legal query?  

When you are here on a forum seeking advice from Lawyers, stop giving advise to other people.  I suppose you are intelligent enough to understand that much.

For your query go to some other forum, stop giving wrong advice to people when you r itself stuck in mouse trap.

https://www.lawyersclubindia.com/forum/details.asp?quote=637362&mod_id=144793#reply

There is nothing wrong in giving and taking advises as long as the giver and seeker has no objection in it.

And also it's a group to share and not to offend others.

As far as I know, the arguments or evidence can not go beyond pleadings. So if there is a scope, better file amendment to petition itself before incorporating them in arguments.

I am here to discuss problems and solutions of mine and others, if "helping hand" or any other  "anonymous" has problem with that he/she can leave the forum.

Originally posted by : sai narayana
	As far as I know, the arguments or evidence can not go beyond pleadings. So if there is a scope, better file amendment to petition itself before incorporating them in arguments.

Dear friend,

I myself is of the same view that mentioned by you.  Thats why i raised this question.

But the point is you very well know how difficult is to proceed against women under perjury. Courts always try to avoid that. So, i cant file amendmend , so thinking to file written arguments with all points she lied with evidence and supported judgments

What do you say?

The court where perjury occured has very limited role which is limited to i.e. preliminary enquiry of that application only and the actual enquiry/trial is done by another court. If the perjury is patent ( I mean simple look/read itself enough to find out the perjury), there is no necessity of doing any improvement to your main application/arguments.

If a new perjury is committed, then you have the option to file another new perjury application. Every new perjury, a new application for the same can be filed.

@ sai narayan

In my Case

She lied on

1. Her employment status

2. Her stridhan list

3. Physical cruelties

but when i filed perjury i raised point only about "Her employment status that is she is hiding her source of income" 

Now in my written arguments I want to raise all three points ( mentioned above) with evidence.

So, can i do this ?

As of now, perjury on employment status is enough.

For rest of them you can file another new application after the evidence stage (or) Incorporate them during actual perjury trial in referred court.

cross examin of PE is already going on. Next date is for continuation of cross examin of PE and argument on perjury.

After that D.E ( defence evidence Which i don;t want to file as i already challanged the whole petition in perjury) 

and then final arguments

Every lie is not a perjury, A perjury is a lie which (can) affect/affected the case adversely to the aggrieved. Here her unemployment lie will cause you adverse effect by maintenance order, so its certainly a perjury. But Stridhan or whatever the other lies can not be said to be perjury at this stage because they are not going to cause any adverse effect to your maintenance case. If at all they have any effect on main petition, that we will come to know in later stages (judgment) of main case only so we have to wait, I think.

Dear Sai Narayan.

You are right every lie is not perjury.

But whatever ground i mentioned comes under scope of perjury, As she claimed her stridhan back. which is already in her possesion, she claimed that i brutally assault her for dowry but i have proof that she was not with me on that day ( infact whole week)

Thanks for your reply.

The real fact is that the Courts in our country are not willing to shoulder the responsibility of perjury and obstruction of Justice. Much of the judicial delays would disappear if the Courts wake up from their slumber.

Thanks @sai narayan & Autohide4u for detailed reply.