Perjury in Divorce Case
4 years ago
In my divorce case, the court is delaying the matter along with the opposite party (wife) laywer. My case status is hearing and under which my examination in chief is half done and pending. Court was not able to find my case file and I was waiting. All of sudden, my lawyer took the next date w/o informing me and misguided me a lot.Opposite party lawyer is big culprit and attends the court in the second half but my matter stands in first half. He attends the court after we are done with the proceedings and getting the next date. Court also entertains such culprit lawyers and harassing me. Opposite party - wife and her lawyer are managing the court and not working as per law. Also they are cheating two courts at a time. I have proven this in the court and still all such illegal things are getting processed. Opposite party have not filed any affidavit so far not even for WS (4 years gone) and also speaking lies everyday and are taking court for granted. I want to file perjury and want to add desertion in my existing case which is on cruelty. Kindly advise on how to proceed the case on fast track basis and how to add perjury and desertion in the same case.
You can initiate perjury proceedings under Section as follows:
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How to file perjury in India ?
How to file perjury in India ?
In order to sustain and maintain sanctity and solemnity of the proceedings in law courts it is necessary that parties should not make false or knowingly, inaccurate statements or misrepresentation and/or should not conceal material facts with a design to gain some advantage or benefit at the hands of the court, when a court is considered as a place where truth and justice are the solemn pursuits. If any party attempts to pollute such a place by adopting recourse to make misrepresentation and is concealing material facts it does so at its risk and cost.
Read a judgment about the above in Vijay Syal Vs. State of Punjab
PROSECUTION OF PERJURY:
1. Legal obligation to state the truth
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense:
(a) The statement is false
(b) The parson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally.
All three criteria must be proved for conviction. Intention is most important.
False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .
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Anand Dhanuka
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