Can I File Perjury Application

My wife in 125 Crpc case filed affidavit in trial court stating I have arrears of 12000 and therefore demanded to continue No Cross order against me. On the otherhand in January this year she filed affidavit in HC stating I have cleared all the arrears till the date. Should I move perjury application u/s 340 crpc. Plz guide.

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Yes, you can move perjury application U/s 195 and 340, CrPC before the Marriage Court and seek for a direction for initiation of appropriate proceedings against your wife in competent Court, for the offences punishable under Section 177, 181, 182 and 191, read with Section 193 of Indian Penal Code.

Answered on October 25, 2016.
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Yes, you can move perjury application U/s 195 and 340, CrPC before the Marriage Court and seek for a direction for initiation of appropriate proceedings against your wife in competent Court, for the offences punishable under Section 177, 181, 182 and 191, read with Section 193 of Indian penal Code.

Regards,

Adv Sandipan Mohanty (Mob:-7787000846)

 

Answered on October 25, 2016.
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In my opinion, this question should be answered in three parts:

  1. Can a perjury case be filed in a matter under Section 125?

In a Delhi HC Judgment[1], the court accepted an application under Section 340 of CrPC for an offence of Perjury. Here, the respondent wife filed an application for maintenance under Section 125 saying that she is not employed anywhere and has no source of income. Court found the statement to be contradictory and held it a case to be of perjury.

  1. Can a perjury case be made up against the documents filed in two different stages of the same case?

In a Supreme Court decision[2] two contradictory affidavits were filed one at the stage of Writ Petition in the High Court and another at appeal in Supreme Court. Supreme Court took cognizance of it and held it to be an offence under Section 191 on an application moved under Section 340.

  1. Will an affidavit qualify as evidence on record for the purpose of perjury?

Under section 191 of IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment. 

Considering all of them together, you have a good case of perjury against your wife. However, this is very contingent on other facts such as if you have cleared your debts/arrears after your wife filed the affidavit in Trial court but before she filed it in the High Court.

 


[1] Jagdish Prasad v. State & Ors.

[2] Kishore Samrite v. State of U.P. & Ors.

Answered on October 30, 2016.
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In my opinion, this question should be answered in three parts:

  1. Can a perjury case be filed in a matter under Section 125?

In a Delhi HC Judgment[1], the court accepted an application under Section 340 of CrPC for an offence of Perjury. Here, the respondent wife filed an application for maintenance under Section 125 saying that she is not employed anywhere and has no source of income. Court found the statement to be contradictory and held it a case to be of perjury.

  1. Can a perjury case be made up against the documents filed in two different stages of the same case?

In a Supreme Court decision[2] two contradictory affidavits were filed one at the stage of Writ Petition in the High Court and another at appeal in Supreme Court. Supreme Court took cognizance of it and held it to be an offence under Section 191 on an application moved under Section 340.

  1. Will an affidavit qualify as evidence on record for the purpose of perjury?

Under section 191 of IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment. 

Considering all of them together, you have a good case of perjury against your wife. However, this is very contingent on other facts such as if you have cleared your debts/arrears after your wife filed the affidavit in Trial court but before she filed it in the High Court.

 


[1] Jagdish Prasad v. State & Ors.

[2] Kishore Samrite v. State of U.P. & Ors.

Answered on October 30, 2016.
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