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Akash Mandal   04 January 2024

Similar case filled in different court under same section

If wife submit false income affidavit in DV case in criminal court and after few months he again present false income affidavit in family court under 127 CrPC to enhance maintenance amount at family court.

After getting her job evidence of my wife I registered separate case under CrPc 340 against wife in both court regarding false information.

Because someone told me that two cases under same section  will not run for a single person.

Is this right?

 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     04 January 2024

Since you have already filed the perjury case against her against both her false statements on oath in two different cases,  you may pursue the same without listening to misguiding issues. 

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 January 2024

the offence of wilfully telling an untruth or making a misrepresentation under oath.

"She claimed two witnesses at her trial had committed perjury"

1 Like

anjali tamrkar   05 January 2024

Firstly two suits against the same person in two different court is barred under sec 10 of CPC .
Section 10-Res-subjudice
The doctrine of “Res Sub Judice” emerges as a guiding principle to maintain the integrity of judicial proceedings . The term Sub-judice means ‘under a judge’ or in other words, a matter ‘under consideration’. It means a cause that is under trial or pending before a court or judge. The doctrine of res-judicata prevents the trial of a suit that is already pending in a court of competent jurisdiction. Res Sub Judice under CPC is a legal principle that prevents the simultaneous trial of two similar cases in different courts. If a matter is already under consideration in one court, a second court with similar jurisdiction cannot proceed with a case involving the same issues and parties.
As per the given query The conclusion drawn is  After getting a job evidences of your wife you can present that evidences in the same trial.
 

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