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Shantanu Wavhal (Worker)     15 June 2013

Wife lied in civil court - remedy after concluding trial ??

i filed hindu marriage petition in dec. 2011


wife appeared on 22 / 02 / 2012 & filed following 2 documents


1. application stating that she is PERSONALLY PRESENT in court and filing vakalatnama. & requested for more time to file WS. (this documents bears sign of wife & her 2 lawyers - date = 22 / 02 / 2012)


2. she also filed Vakalatnama (this documents bears sign of wife & her 2 lawyers - date = 22 / 02 / 2012)


on 23 / 08 / 2012, i filed 1 document that i got through RTI.

it states as :

wife is Govt. Servant & she was present at her office on 22 / 02 / 2012.


distance between court & her office = 250 km.

so, it is impossible that she was present at both the places on the same day.


full fledged trial concluded in April 2013 -

my application allowed -

my marriage with this lady declared null & void on the ground that her first husband is alive and their marriage is still subsisting.


though I brought the fraud played by wife to the notice of court with documentary evidence, there is NO MENTION AT ALL about it in the judgement.


now, wife filed appeal.


i want to file perjury / IPC 191 / 192 / 193 / 196 / 197 / 198 / 199 wrt the above mentioned point.


1) what is the remedy available to me ? 

2) can i file such complaint / case after the case is concluded ?

3) where to file ? in which court ?

4) will such action be maintainable ?


Kindly guide.



Learning

 9 Replies


(Guest)

Civil case and prejury?  No way.  Even if you do, it will be waste of time.


Prejury, good only in criminal case, as she would have told something a lie underoath and in her deposition it will be in black and white, based on that you can file prejury. If proved, 7 years imprisonment


Civil case, tell anything you want, nothing will happen.

1 Like

(Guest)

@Querist,

 

Before I could reply your query,I would like to know 'wasn't she present on 22th of feb 2012 at any time in the court'. Infact your query confuses me a bit. It is impossible for the court to accept the application where she has written her personal presence in the same court and in actual no presence in the court, unless the judge is blind.Didn't the judge notice her presence?

 

Clarify it as soon as possible.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Shantanu Wavhal (Worker)     15 June 2013

the documents on exh. 23 (vakalatnama) & 25 (adjournment application) clearly show following :

1) wife's sign

2) wife's 2 lawyers sign

3) on exh. 25 she wrote 2 times in 2 distinct paragraphs : I M PERSONALLY PRESENT IN COURT.

 

so the material on record shows that : she was present in court.


court order on both of those exhibits are same : FILE



(Guest)

@Querist,

 

you didn't reply my earlier question.you just repeated the facts.I want to know didn't the judge object at the time 'Vakalatnama' was submitted citing her personal presence when in actual she wasn't there!?

 

Anyway,purjury means giving false evidences.Even she was not present at the moment,this didn't amount to purjury since she hasn't told anything which might affect the decision of the court.

 

For committing the offence of purjury,it's immaterial whether the case is of civil or criminal nature.The test is that 'if such purjury could affect the decision of the court, the person committing purjury may be booked under various sections of Indian penal code.

 

you have got the desired result.Unnecessary litigation may go against you.Avoid it.

 

Further....(if need so arises)

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Shantanu Wavhal (Worker)     15 June 2013

I want to know didn't the judge object at the time 'Vakalatnama' was submitted citing her personal presence when in actual she wasn't there!?

 

NO !

the hon. judge raised no objection at all...

ABSOLUTELY nothing at all ...

the vakalatnama & the application was FILED as if she is actually present


(Guest)
Originally posted by : Amit---------------

I want to know didn't the judge object at the time 'Vakalatnama' was submitted citing her personal presence when in actual she wasn't there!?

 

NO !

the hon. judge raised no objection at all...


ABSOLUTELY nothing at all ...

the vakalatnama & the application was FILED as if she is actually present

 

Why would the judge raise an objection?  He is not your lawyer.


He/she will take time to look into what has been presented to the court.


Let go this issue.  You have seen enough.  Let go now.  

 

No point in wasting time because of ego issues of your own.

Shantanu Wavhal (Worker)     15 June 2013

its good for me that - on paper, she was present in COURT as well as her OFFICE on the same day.

she filed 498a - my whole family was arrested.

now that she miserably lost the sec. 11 case - she has gone into appeal - JUST TO HARASS ME.


should i keep quiate though she is repeatedly lying in Civil as well as Criminal (i have filed IPC 494 against her - she is lying repeatedly there also) court !!


(Guest)

@Querist,

 

If the judge didn't object,it's better to forget that matter because the judge might have taken the fact into consideration that a woman is the appellant and therefore such exemption may be granted.secondly showing presence on affidavit no way affects the decision of the court,therefore,matter is very much going to be ignroed if much hue and cry,she may be rebuked but cannot be punished.

 

Keeping quiet and arguing your case on basis of facts is the best way to counter your wife mischievious act.Appeal is her right,therefore to defend is your duty but only on basis of facts involved in your case.


Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Shantanu Wavhal (Worker)     17 June 2013

the judge might have taken the fact into consideration that a woman is the appellant and therefore such exemption may be granted.

Granting exemption ?

without any pleadings to that effect ?

on the contrary, it can be read on the application - I M PERSONALLY PRESENT IN THE COURT ?


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