Dear Sir, My Crpc 125 case started in September 2015 where my wife alleged dowry allegations and that I have thrown her out and though capable , I am not maintaining her . She completely hid the fact that she is an MBA HR and is in a job. When I countered it in my reply , she has now submitted an amendment that she has been terminated from the mentioned job and is living in the mercy of her parents . From my sources, she has resigned from her job ( not terminated ) and is in a new job . I may get the details in a fortnight. Now , I wish to put up a case of perjury as well as false submission of termination document . At the same time , I want the maintence case to drop . To fulfill all three - should I ask her to submit the termination document in my next counter. Should I allow the amendment to get admitted or counter it by saying it was an afterthought . Can I file for perjury and case of false document if I dont allow the admit of document. I want to file a case of perjury and fabrication of document ( termination) against her as well as drop the crpc 125 case ( because she had firstly tried to hide the fact that she was working ,secondly she is bluffing the court that she has been terminated, thirdly she is not in mercy of her parents and not in hometown and lastly she has bluffed the court that she is not working now). Please guide me how should I proceed .
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you can file case of perjury against your wife for making false statement on oath
2) file an application under section 91 crpc calling upon wife to produce her appointment letter , bank statements for last 3 years and her termination letter
3) court would permit amendment of petition though you can oppose the amendment
1. Your first step should be to get her submitted a fabricated termination letter.
2. If she submits such a fabricated document and you can manage to get her actual resignation letter then it will become decisive case for you.
3. Then get the ammendment admitted.
4. After that file a perjury case against her and also contest her maintenance case fittingly.
1. There is no need to ask for any amendment. If you have proof of her employment and income you can simply file the same on which basis the court would surely reject her claim for maintenance.
2. For perjury you have to file petition u/s 340 crpc in the same court.
3. Mere suppression of facts is not enough to attract perjury. You have to show that she has wilfully stated false statements knowing the same to be false to mislead the court to attain wrongly gain at your cost.
4. If you are from kolkata you may feel free to contact for further assistance.
The provisions of Chapter XXVI of Code of Criminal
Procedure deal with offences affecting the administration of justice.
Section 195 of said Code speaks about prosecution for contempt of
lawful authority of public servants, for offences against public justice
and for offences relating to documents given in evidence. The
provisions of Section 340 of the Code reads as under :
“Procedure in cases mentioned in Section 195- (1) When,
upon an application made to it in this behalf or otherwise,
any Court is of opinion that it is expedient in the interest
of justice that an inquiry should be made into any offence
referred to in clause (b) of sub-section (1) of Section 195,
which appears to have been committed in or in relation to
a proceeding in that Court or, as the case may be, in
respect of a document produced or given in evidence in a
proceeding in that Court, such Court may, after such
preliminary inquiry, if any, as it thinks necessary,-
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c ) send it to a Magistrate of the first class having
jurisdiction;
(d) take sufficient security for the appearance of the
accused before such Magistrate, or if the alleged offence
is non-bailable and the Court thinks it necessary so to do,
send the accused in custody to such Magistrate; and
(e) bind over any person to appear and give evidence
before such Magistrate.
(2) The power conferred on a Court by sub-Section (1) in
respect of an offence may, in any case whhas neither made a complaint under sub-Section (1) in
respect of that offence nor rejected an application for the
making of such complaint, be exercised by the Court to
which such former Court is subordinate within the
meaning of sub-section (4) of Section 195.
(3) A complaint made under this section shall be signed,-
(a) where the Court making the complaint is a High
Court, by such officer of the Court as the Court may
appoint;
(b) in any other case, by the presiding officer of the
Court or by such officer of the Court as the Court may
authorise in writing in this behalf.
(4) In this section, “Court” has the same meaning as in
Section 195.”
The above is the provision of law by which you can initiate proceedings.
However you should know one thing that you have hurriedly mentioned about her employment with proofs in the counter.
Thank you for your valuable advice . The conclusion I derived is that first I have to get her petition admitted where she has mentioned that she has been terminated and is in her hometown at the mercy of her parents . I shall also get her fabricated termination letter admitted to court . For this , shall I counter the submitted petition letting her know what I know about her or in my next date ask her for the fabricated letter. I require your guidance on what should I do on my next date. Also , can this be a good case of perjury .
make an application in court calling upon wife to produce copy of termination letter
2) making false statement on oath amounts to perjury
1. You need not let her know anything at this stage.
2. Just pray for an order directing her to produce her termination letter before the Court which expectedly she will manufacture.
3. On receipt of the said manufactured termination letter, you can play your Trump Card and submit copies of her resignation letter and evidence of further employment.
4. It will then be a decisive case for you.
Your thinking is right.
You must first allow her to do mistake after which you cn highlight her mistake before court and prove her wrong after which you can go for perjury case also against her.