U/S 340
5 years ago
Sir,
1. My wife filed the divorce case against me in August 2016 with fake details in On Oath Income and Assets Affidavit which by mistake of my lawyer we filed a case in criminal court of ACMM and now on 27-4-18 we withdrew that case with liberty to file in proper court and as per law, now can we file the same complaint u/s 340 to family court and do we have any time frame to file the same complaint?
In the meanwhile my wife withdrew that Hma case in November 2016 with liberty to file again proper petition.
Now in each case and in 340 that was filed by us by comparison with the old withdrew petition and new petition u/s 125 filed, my wife's lawyer said that they took the liberty from the court to withdrew the last Hma case hence no action could be taken in 340 and also no facts could be taken from the earlier withdrawn petition.
My wife changes some facts from the earlier withdrawn petition and added some new facts to it and also changes the facts of the affidavit.
Please suggest the validity of the 340 (appreciable with judgement) and also about the old facts (allegations) that removed and about the new facts added.
2. In 340 para no. 4 we blamed that "wife also file two more cases of u/s 125 and one civil fake cases on fake grounds".
She replied to that " Contents of the Para no. 4 are not denied". Please suggest the validity of the Para 4 replied.
3. She did not disclosed in court that she purchased a scooty in 2016, increment in salary, and she also did not disclosed a savings bank account in which she is having more than Rs. 2,60,000.00. Rs. 30,000.00 was transferred during the trial by withdrawing cash from her other disclosed savings account. For this account I am not having and proof except the account no and bank details.
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 .
ELEMENTS OF PERJURY:
1) False statement made by a person Who is —
a) Bound by an oath
b) By an express provision of law
c) A declaration which a person is bound by law to make on any subject
d) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.
2. Oath must be administered by a person of competent authority.
The authority must be competent to administer the oath. The proceedings where oath is administered must be sanctioned by law.
3. Express provisions of law include—Plaints, Written Statements, and other pleadings.
a)CPC casts a legal duty to speak the truth
b)Verification of pleadings is a legal obligation.
4. Affidavits are declaration made under oath.
5. A statement could be verbal or otherwise.
a) Statement that he believes a thing which he does not believe.
b) Statement that he knows a thing which he does not know.
c)Statement that he knows to be false or does not believe to be true .
d) Statement need not be on a point material to the proceedings.
Due to this the related other section which can be used are :
IPO 191: Giving false evidence, judicial perjury
IPO 192: Fabricating false evidence
IPO 193: punishment for offenses u/s 191 & 192 IPO
IPO 194 & 195: Aggravated forms of offenses u/s 191 & 192 IPO
IPO 196 to 200: Offenses punishable in the same way as giving or fabricating false evidence
IPO 201 to 229: Offenses against public justice
OFFENCES U/S 195 CrPC:
(a) IPO 172 to IPO 188 relate to contempts of the lawful authority of public servants and also of attempt to commit or conspiracy to commit such offense or abatement there of.
(b) IPO 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 and 228, when such offense is alleged to have
been committed in, or in relation to, any proceeding in any court.
Anonymous
Replied 5 years ago
Thanks a lot sir for the advice. It's really helping. Just need a SC judgement where the action has been taken against wife for perjury. Thanks and regards.
Johnson Thangiah
Responded 5 years ago
Divorce planning due to extramarital affair
Divorce
Need Advice ..
How to file a divorce petition?
Domestic voilence
