Why speedy trial and perjury ?

Vote wisely............

@ Victim, 

First of all file a strong WS in 125 CrPC and show that our income is very less as a bagger. (Less than 4000/- per month or Jobless).

If you are privately employed in a private firm or self employed (Business) than she can't prove your actual income details since private firm never disclose your pay slip to anybody and in case of self employed there is not such pay slip. If they or magistrate ask you to produce pay slip or income proof then simply tell them that you don’t have it or company does not issue any pay slip. (Barden to prove her allegations and claims lies on her.). This approach is will reduce your maintenance very less.

The best approach is

a) Change your job and don’t disclose it anybody.

b) Show jobless in the court.

c) Change your current address also so that they cannot serve you any more copy (Like maintenance execution).

Usually interim maintenance = (your stated income per month in WS – You and Your dependents total expense in fooding, lodging, home loan EMI, LIC investments, medical expense any other miscellaneous expense ) * 1/5th.

So please be careful to show the amount per month in WS. Your lawyer will always mislead you and make you afraid and pressurize you to show the actual income yet you should be bold enough to take these steps. The court will not kill you for this little false submission. 

The same approach is advisable for other cases also like DVA, Sec. 24 HMA & Sec. 36 of SMA (Maintenance pendent lite).

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

If HC grants stay order then you will get relief but it is temporary solution. 

File WS and Perjury in parallel as advised.

I don't advise to file divorce for men. 

Thanks a lot for reply. Pls guide about nullity of marriage , following are case details

Married 2009

Divorce MCD 2010

Remarried a divorcee girl 2011

Son born 2012

Son ill wife went to her family treatment him 2012

I filed divorce custody2012

She hma24 during case

maintenance fixed, I withdrew

Mediations she say to come back 

We don't want her to come back

She files cases 125 498 dv 

Now I files nullment of marriage

Pls tel chances if win nullment case. And if she wins, wat will then happen

I not pay 125 maintenance 2 years now warrants issue but I file quashing 125 in high court. High court date before 125 next date

will I get stay if I don't tel court abt warrants n will 125 be able to quash

I have resigned job, put blame of losing job on her as I HV proof, she complained my officer of my 498 case so I said I resigned because harassment

 Pls help n guide sir

My claim is that there were no pheres saptpadi ( seven rounds around fire) Our marriage very simple only 15 family members No sphere in hotel room, only garland, ring manglasutra,sindhoor My claim, we married n cohabilitated because at marriage time, girls family denied this saptpadi ritual in their family, but now just now I came to know this ritual prevails in their marriage, so fraud in ceremonies my advocate assures 1. Hindu wedding not valid without saptpadi 2. Section 7(2) HMA 3 section 12(c) Can I win '. If not, wat happen? Plss guide we have a 3 year old sonPls pls and experts, I need or guidance My advocate says he will prove my marriage void I am listing wat he told me to do,  Kindly advise wat he is trying to do 1. He told me to get RTI from hotel wherein the hotel reply_  ''the room was booked for get together but was amended in register as marriage purpose on or after the day of function(There is actually also cutting, firstly written get together, then cut and written marriage) Wat is this? Is he trying to prove that she forced me to marry or wat?such amendment in purpose of booking is going to help? There were only 15 people in marriage, only family members no outsider, photos of  girl in bride costume, garland, jewellary given etc are there In such situation, what can the wife say to prove marriage had taken place Pls help

@ Mr. Deep.

If you see my post on 12(c) on the following link you will understand the merit of your case.

However, please remember that burden to proof your claims lies on you. You need lot of witness, eye witness and documentary evidences to proof your claims.

https://www.lawyersclubindia.com/forum/498a-forced-marriage-12-c-filed-Any-Expert-in-498a--126159.asp#.VeVntCWqqko

Dear Friend,

You can understand why I always advice to avoid divorced women from the above post.

Dear Friend,

I have notice again one big confusion on Forgery and Perjury.

Let me again try to enlighten it.

Difference between Perjury and Forgery.

Perjury: -

Please see - 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION No.1115/07.

(Para 7 & 8)

7. Whenever an application under Section 340 of Code of Criminal Procedure is filed, the Civil Manual Chapter XIX para 337 requires that it should be registered as Miscellaneous Judicial Case i.e. a case where a Judicial Enquiry is contemplated. The learned Civil Judge should have, therefore, directed the application to be registered as Miscellaneous Judicial Case. Section 340 of Code of Criminal Procedure reads thus –

340. Procedure in cases mentioned in Section 195

(1) When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, –

(a) record a finding to that effect ;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do send the accused in custody to such Magistrate ; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by subsection

(1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of Section 195.

(3) A complaint made under this section shall be signed,-

(a) Where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authroise in writing in this behalf.

(4) In this section, .Court. has the same meaning as in Section 195.

8. The section thus says that the court should be of opinion that an enquiry should be held. Even for forming an opinion, there should be some evidence and not mere surmises. If there is a prima facie evidence, the court must enter into an enquiry and record a

finding as to whether an offence referred to in Section 195 of Code of Criminal Procedure is committed. It was, therefore, not proper on part of Judges of the lower courts to have rejected the application.

Conclusions: -

1. So whenever an application is made u/s 340 CrPC read with 195 CrPC based on contradictory points (prima facie evidence of para 8 of the aforesaid judgment) the court must enter into an enquiry registering the case as per Civil Manual Chapter XIX para 337 as a Miscellaneous Judicial Case.

1. If it is found in that enquiry that the offences are punishable as per IPCs mentioned in CrPC 195, the court must take cognizance accordingly.

Forgery: -

464 IPC, Making a false document. — 341 [A person is said to make a false document or false electronic record— First —Who dishonestly or fradulently—

(a) makes, signs, seals or executes a document or part of a document;

(b) makes or transmits any electronic record or part of any electronic record;

(c) affixes any 342 [electronic signature] on any electronic record;

(d) makes any mark denoting the execution of a document or the authenticity of the 342 [electronic signature],

Conclusions: -

1. When the document itself is fraud, for example, if the petition is notarized from a fraud notarized authority.

1. When signature , seals are fraud  

1. Fraud electronic records, for example a superimposed picture is a fraud document.

1. Forgery can be filed against this type of fraud documents (Not against any contradictory points as prima facie evidence of para 8 of aforesaid judgment).

Perjury is a procedure for enquiry of both false evidences and fraud documents whereas forgery isdefinition of fraud documents and punishment.

So clearly perjury and forgery is not same. Perjury can be file at any stage of a civil or criminal case.

Please let me know in case you have any more confusion on this.

in this corrupted system speedy trial also not work.
my issue case u/s 498a IPC I get order for speedy trial in favour of me from Calcutta High court.
Ld. court ordered to conclude the proceedings within 10 month but my lower court advocates are not interested to follow and Judge also not giving importance on HC order.
etting order in Jan'15 next trial date was in May'15 but no proceedings took place due lawyers strike and next date fixed in Jan '16
this is 7th yr. of 498a but Evidence / witness trial not yet started

Actually your lawyer is delaying the process.

I condemn the trial judge.  Since the order is on him, he should be proactive and pressurize both parties to dispose of the matter within the said period.  

These corrupted Judges and Advocates has created an extortion racket.

Please appear in High Court and file Contempt of Court after the said period is over.

Some more queries on this: -

https://www.lawyersclubindia.com/forum/details.asp?mod_id=126752&offset=1#.Ve7dwdKeDGc 

Why we should not compromise/MCD with 498A?

a)    MCD by paying money encourages the wrong business of corrupted Judges, Advocates and wrong women.

b)    498A is non-compoundable hence can't be withdrawn once filed.

c)    Even if you try to compromise by paying money then also these corrupted peoplebreaches any agreement/deed of MCD in arecurring way by taking half of the settlement money to get more money. In consequence, you become bankrupt. 

Please don't go for any MCD by paying money. Your advocates and judges will always seduce you on this. Please don’t listen to them.

hello,

In maintenance recovery proceeding u/s 125(3)crpc against me before family court, applicant lady ex-wife file application and pray for recovery of amount by surpressing her second marriage and claim amount beyond her second marriage date. achieved in issuing distress warrant and she by hand deliver d/w to police station and pressurize police to execute it soon. the police appoarch at my mother house for attachemnt. however on very next date i get stayed on d/w from family court and on next date of case police file it's report of action taken on execution of d/w. After knowing that she was remaariage and d/w warrant of amount beyond her marriage date i file an application of perjury u/s 340 crpc r/w 195 crpc for IPC 209,210 etc.. application with criminal misc. application No.   __________ in ER. no. XXX/XXXX. But clerk as not assign any noumber to this application, the fprevious judge first rejected my application by order " perjury is not committed before this court but on another court" . immediately i file review petition in same family court whereupon my ex-wife file reply to this and later my review petition is allowed and restored  my earlier perjury application by order " inadvertenly the perjury is committed before this court and original perjury application is allowed". thereafter new judge come in place of previous judge, she told that inquiry be needed in that case so i file exmaination in chief in perjury application but after couple of dates the judgment fixed the execution recovery proceeding for "dismissal order" as applicatn wife is not coming to court. i file plain application on month of august'15 for conduting enquiry and dispossing the perjury application prior to dismissal of recovery proceeding, i wasn't knowing what order been passed on that application. since thereafter couples of dates gone in the matter but no order recovery proceeding order i thought might be at final order there will perjury order too. but on december'15 when i appeared on date and the matter was not found even it was listed on causelist board, after searching by  cleark found that recovery proceeding was dismissed as default on month of october'15 (one of earlier court date in matter). so i preferred application for certified copies, read the order as " applicant is absent for last one year and not interested in taking effective steps hence proceeding is dismissed as default, no order as to cost".

an in my application for perjury enquiry before disposing off receovery proceeding the order read as " the perjury proceeding is an independent proceeding can't club with this proceeding. hence application rejected".

I don;t know ealrier judge allowed perjury application and restoring it for enquiry after review petition is allowed. then how come this judge rejecting by saying it's independent proceeding and canot club with recovery proceeding. however the applicant wife submits false arrears of amount an surpersses her remarriage that''s mislead court and played fraud upon and by this achieved in issuing,executing distress warrant etc..

kindly advice what's remedy left to me,

should i preferred new application as cri.misc. applicatin before same family court for taking conducting enquiry and action on perjury against her with all this document certified copies?

or i should file petition before high court,  under what section_____________?

what is limitation period ?

Is that my earlier perjruy application does not tag/number as cri. misc .application, is the reason the new judge reject my application.

urgent help.