Perjury Case Preparation on DV
2 years ago
I need a perjury lawyer, who is great in drafting perjury petition with respect to 340 CrPC.
Two points:
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1) Statement (DV Petition) made by the petitioner in the DV case is completely false. She wrote great stories. The described incident and the date of the incidents she quoted in her application against the respondent is totally false. The respondent not even in India at that time of those quoted incidents.
2) Further she attached a copy of the marriage certificate in the court which appears to be registered in the registrar office with the help of fraudulent or forged supporting documents. Please note that she only kept the marriage certificate copy in the court petition and not the forged supporting documents in order for her to get it registered that marriage certificate.
1)
Will the above facts fulfill the ingredients of perjury?
2)
How we can bring this case as a successful perjury case?
Please do not write to me stating that it can be quashed. HC recently stated that 482 petition for quashing DV case is not maintainable. HC prefer to approach concerned magistrate court.
https://indiankanoon.org/doc/86721897/
You may file a case of false and fabrication of documents. Then, the court will hold a inquiry for the same. A perjury case is difficult to prove. You have to show not only that there was a material misstatement of fact, but also that it was done so willfully—that the person knew it was false when they said it.
Thanks
Regards
The case if you are sure that that the petitioner has submitted false facts and forged documents then in that case you can very well initiate a case for perjury and fabrication of false evidence. You need to submit an application under Section 191 to 193 of the IPC in the court where the DV case is going on. After receiving the application or even oral submission by your lawyer the court shall send the complaint to an appropriate court (magistrate court) under Section 195 of CrPC and the receiving court shall initiate the case of perjury under Section 340 of CrPC.