• Affidavit to be false

Dear Sirs

I have filed a petition  for divorce. However now after almost 2 years later the other party find out a mistake in my case that I made a statement that my marriage was solemnised in Jabalpur instead of original place Ghaziabad. I had submitted an affidavit too that all the facts & details are correct as per my knowledge. However that was not dele rated. Other party have requested the court to quash the case due to non jurisdiction area. 
Kindly tell me what action the other party or court can take against me for such a wrong statement. If it is treated as fraud to the court what will be legal view. Any prosecution, if yes whether that prosecution can be compounded by making fees payment to court.
Asked 3 years ago in Family Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
1) you have deliberately made false statement on oath in order to confer jurisdiction for courts in ghaziabad . 

2) your divorce petition would not have been maintainable in Ghaziabad if you were married in jabalpur . 

3) where have you resided after marriage ? if you had resided after marriage in Ghaziabad divorce petition would be maintainable   in ghaziabad . 

4)court can take action against you for perjury for making false statement on oath
Ajay Sethi
Advocate, Mumbai
46636 Answers
2757 Consultations

5.0 on 5.0

1. If false facts have been furnished in the affidavit then it can land you in great trouble. If you deliberately made false statement then you must have made it while being cognizant of the consequences which could emanate. If it was an error then it ought to have been rectified at the earliest available opportunity.

2. The petition could have been filed in Ghaziabad if you lived in Ghaziabad pursuant to your marriage. 

3. The opponent or the court can on its own motion initiate proceedings for perjury against you. 

4. You cannot evade prosecution, in the event it is launched, by paying any fees to the court.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

For making wrong statement before the court on oath, you could be prosecuted for prejury and that cannot be evaded by paying some fees to the court. If it had been that you lived in ghaziabad and wrongly mentioned the place of marriage to be the same then the court must also look into the fact that this fact has been surfaced after 2 yrs of litigation. The court may transfer the case to the competent court.
Shaveta Sanghi
Advocate, Panchkula
885 Answers
64 Consultations

5.0 on 5.0

This is a dispute of fact and may not regarded as a wilful lie to mislead the court for your wrongful gain. And hence no case for perjury lies on this,
Unless the fac raised by your is disproved by her you have got nothing to worry.
However if the trail has not commenced as yet and the statement is indeed false then it is strongly recommended  that you amend the plaint and mention the actual place of marriage. 
In spite of such amendment the suit can continue in yiur place if you you mention that in Jabalpur, both of you last resided together.
Devajyoti Barman
Advocate, Kolkata
13112 Answers
174 Consultations

5.0 on 5.0

1. If it is proved that you have deliberately given false statement about your place of marriage to confer the jurisdiction to Gaziabad Court, then the Court may take action against you for perjury for knowingly making false statement under oath,

2. However, if you can prove that you had last resided at Gaziabad then Gaziabad Court will have jurisdiction in the matter,

3. If it is no so and if the case is still in the pretial stage, then ammend the petition or withdraw it.
Krishna Kishore Ganguly
Advocate, Kolkata
18730 Answers
452 Consultations

5.0 on 5.0

Hi, you have sworn to a false affidavit before the court knowing well that your marriage was taken place at  Ghaziabad instead of Jabalapura  now court has two options 1. The court can reject the petition on the ground that it has no jurisdiction and secondly may file a complaint against you for swearing false statement before the court.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

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