Hii, all the counter allegations can be presented before the trial court only .. It is advisable to keep a look personally on your case and do visit court hearings .. The court can ask for your presence , it is the court discretionary power , even if you have granted SPA to your attorney ..
Husband giving false statement before court
I m in govt job transferred to Mumbai from Bihar. In Bhagalpur family court in Bihar my husband filed divorce case in 18. 06. 2015 but till date not a single cross has been examined. Upon my transfer I have handed my power to lawyer. Today on 13 th Sep 2017 my husband was present before court but could not been examined. My lawyer informed me that today judge was very busy and judge has asked to me present before court on next date i.e. on 13 th Oct 2017. If I have handed over the power to my lawyer before judge than how can judge make pressure me to give physical presence or my lawyer has been playing gam with me. I have also send the legal notice as adviced by you all about the physical presence of my husband at both the places on same time i.e. in office and in court that at the time of filing case is true or false. I have asked dept to reply within 7 seven and the legal notice was recieved by them 30 th August. Can I file in high court to stop the proceedings of divorce case in Lower court until I received the reply from dept. My husband has also lied before court that on 5th February 2016 his lawyer inform to the court that he could not present before the court for witness purpose because his employer has not sanctioned the leave but in RTI it was replied that my husband was on leave. Can I file case of perjury on my husband on this basis also if yes where I have to file, the place of divorce case been running or in my home town.
Asked 8 years ago in Family Law
Religion: Hindu
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6 Answers
1. You better seek direction from high court so trial of the divorce suit is completed in fixed time limit. In this way the court would not given wanton adjournments to either party.
2.Send a RTI Application to his department seeking information of his presence on office on those dates.
3.On this fact no case for perjury lies.
1) your personal presence would be necessary during trial . it is in your interest to comply with court directions
2) if husband has made false statement on oath you can file application under section 340 cr pc read with section 191 , 192 for perjury
3) HC would not stay the divorce proceedings in lower court
1. In many states the Family Courts are hell bent on mandating the personal appearance of the parties before it even after the leave is being granted to the party to engage a lawyer and the lawyer files his vakalatnama.
2. You have to move the High Court through a revision petition for an appropriate relief if the family court is asking you to appear personally before it.
3. Get rid of this habit of imputing motives to your lawyers. You people know nothing about how the courts work.
4. It is not perjury unless a false statement has been made on oath.
See if the court has asked you to come then you will have to mark your presence before the court, even thgough you have given the power to lawyer still you can be asked to appear before the court.
You can put such false claim raised by the husband before the lower court and ask the court to take decision on your application and direct the police to lodge an Fir. Since you are not the effected party therefore you can not lodge an FIR directly.
there is no locus for you to approach the HC right now.
Regards
The perjury or stay by high court on such petty issues are not maintainable, hence you may follow up the case through trial court itself properly.
As far a lawyer is concerned, the party to the litigation can engage the services of a lawyer and the lawyer cannot be engaged for the services ass well as a power of attorney of the party.
Therefore you may confirm if you have engaged the services of your lawyer by giving a vakalatnama in his name or had given him power of attorney deed to represent you before court. In the latter case your lawyer cannot plead ion your behalf, he can just remain as your representative, in the former, he can advocate your cause in the court and fight for you as your lawyer before the court.
