Filing of wrong affidavit
I have filed divorce case against my wife under adultery as mutual consent could not be agreed. Marriage is over 17 years. I have ample evidence with witnesses and the only child is with me. Many phone recordings wherein she has confessed to third person about her physical relations. Also recordings of her mother and sister evidencing lacs of rupees taken from other man and kept in joint account of family members showing family is involved in the dirty work.
Over the years many chances were given to correct herself but to no avail. On confrontation, law advantage was taken and she forced her entry into the house and we have now moved to a rental place. All police investigations against her allegations are against her. first case was filed by us.
She filed a case asking for 1/4 share in my fathers property where we were staying and where she is now and we had to move out to a rental place. We have now got a High Court directive to decide on 7/11 on the matter within 6 months.
She filed a wrong affidavit to recall an order turning down her right to file WS in the case and it accompanied a doctors certificate which is of her cousin brother. She has said of her being down with jaundice so she could not attend. While on record in other false cases like section 125 and domestic violence and main divorce case she is attending in the court. She is teaching and going to school. I have her phone recordings wherein she is talking to her lawyer regarding this case and talking about taking leave from school. I have filed all certified copies of orders sheets and petitions of other cases and also filed her bank statement and resume to show her school job and phone recordings.
Application file by me is under 340 asking for action under crpc 188, 189, 190 and 192.
How is the situation and strong my chances for action against her? Also her cousin doctor for giving false certificate? Can I have his registration cancelled? Maybe not as system it too slow for all this and arrest. But maybe compromise for settlement can be worked out. She does not deserve even 1 paisa but the law is biased.
Asked 4 years ago in Family Law from kanpur, Uttar Pradesh
you have filed an application for perjury ie your wife has lied on oath and submitted false affidavit .
whether statement made in affidavit are true or false can be decided only after trial .
rather than making application for perjury better concentrate on fighting existing cases on merits .
you have to produce roznama of other courts wherein she was attending to show that she had deliberately made false statement that she was suffering from jaundice and was attending other cases . don't proceed for cancellation of her cousin brother registration . it would further vitiate the tense relationship between you and your wife .
focus your battle ,do not engaze your self in additional litigation which is going to give you nothing.
Advocate, New Delhi
Hi, according to your narration i think in High Court you have not made any effort to prove that she has filed a false affidavit and the matter is over and the high court has remand the matter to trial court now contest the case on merits.
you 340 application have very strong and as per the situation as narrated by you may be win the case
Advocate, New Delhi
u filed a comlplaint medical council of india against her brother also its work n ur case is very strong u may be win
I have not filed anything with MCI. would they take separate action or wait for the court to do so?
Asked 4 years ago
vindictiveness dosent pay . contest case on merits only . fight battle on one front rather than squandering your energies in fighting multiple battles .
if you file complaint with MCi they will issue notice to brother to furnish his reply , conduct inquiry then take action .
You have brought legal action for punishing her for perjury. The onus is now on your shoulders to submit proof of her having committed this offence. To this end, you may produce in court all the recordings that you have in your possession. The certified copies of her appearance in other cases will nail her in the court inasmuch as she may be left without any escape route. If she is held guilty then she may be jailed.
Her brother may also be held guilty and punished if you produce evidence of his culpability in the crime.
MCI has to act on the basis of a complaint filed against a medical practitioner. If you file a complaint then he will be asked to file his counter.