• Exparte

I won rcr against my wife exparte..it was mentioned in degree tht summons were duly served to her and in reality also she was served but aftr 4years of exparte decree she filed applction in court tht summons were not served to her and even address mebtioned on summons was wrong...but in caveat filed in high court in another she mentions same address which she alleges to be wrong...i mentioned in many cases about same address and even gave refrence in dffrnt cases about rcr decree...nw i havr to file reply to her application in court ...shall i give details of all these facts or should hold this till evidence stage so tht other side dnt come out with a solution of it....i want her case to be dusmissed without trail ...when is it approprte to tell court about it???shall i attach proofs as affidavit with my reply???if i want strict action against her for not cmng wth clean hands when can i file applction fr purjury
Asked 2 months ago in Civil Law from Amritsar, Punjab
Hello
 All these facts of her not participating in the court proceedings on the RCR application on false grounds of not receiving the summons should be brought to the notice of the court. They cannot find a solution to circumvent the truth. They have mentioned the correct address in the caveat and denied it to be correct elsewhere and us contesting the case on these grounds. Therefore you should go ahead.
You should attach everything and should file an application to take cognizance of the perjury under section 199 and 209 of the IPC.
Regards
Rahul Mishra
Advocate, Lucknow
1301 Answers
7 Consultations

5.0 on 5.0

You should in reply mention details that wife has mentioned same address in other cases 

2) don’t hold on till evidence stage 

3) court may not condone delay of 4 years in filing application
Ajay Sethi
Advocate, Mumbai
50931 Answers
3030 Consultations

5.0 on 5.0

In civil Matters you can't conceal anything and after concealment the same is waived. You can reveal the same now. Even if you reveal it later she will get the time to rectify the lacunas. So the wish is yours to do it or not. Yes you can attach the evidence.
Prashant Nayak
Advocate, Mumbai
3040 Answers
2 Consultations

4.8 on 5.0

Sir this application is files for setting aside of order and restoration so in its reply only you have to file that summons were served she used same address in cavet and other places there shall be no trial of this applications all.the records and evidences from your side has to be produced along the reply to her application. If court is satisfied with your reply her application.to set aside order and the restoration shall be rejected and decree of RCR shall be final.
Shubham Jhajharia
Advocate, Ahmedabad
6706 Answers
21 Consultations

5.0 on 5.0

1. It is worth mentioning in reply to her application that she has used the same address in the caveat in the HC which she disputes as her correct address.

2. Nothing will be gained by not filing the reply till evidence stage.

3. An application for perjury can also be filed against her.
Ashish Davessar
Advocate, Jaipur
24302 Answers
677 Consultations

5.0 on 5.0

You can mention the facts in detail in your reply to her Application. You need not wait till the stage of evidence. It is advisable to file the Application for Perjury now itself as she has made false statement under oath in the court and her application deserves to be dismissed in limine itself.
Sunita Bafna
Advocate, Mumbai
20 Answers

Not rated

Dear Client,

If you will not bring this fact on reply, later court will not allow you submit evidence to prove this fact. Court decides only those facts which are part and parcel of petition and reply.
Yogendra Singh Rajawat
Advocate, Jaipur
5357 Answers
3 Consultations

4.7 on 5.0

Even if you win the RCR case after contesting it, there is no much use of it especially if she refuses to live with you once again.
Court cannot force her to live with you against her willingness.
The reasons she gave in the set aside petition may be flimsy and untrust worthy you may give your objections based on the facts that she is telling absolute lies before court and can produce evidences for her lies.
Perjury may not be attracted to her false statement.
T Kalaiselvan
Advocate, Vellore
41186 Answers
451 Consultations

5.0 on 5.0

Don’t file any application for perjury now 

Wait for some time
Ajay Sethi
Advocate, Mumbai
50931 Answers
3030 Consultations

5.0 on 5.0

u/s 191 & 193 IPC perjury is punishable. File now.
Yogendra Singh Rajawat
Advocate, Jaipur
5357 Answers
3 Consultations

4.7 on 5.0

A perjury application can be filed if the false statements are given before the court.under section 340 Crpc. An application can be given in the trial court to initiate the action against the wife,
Shubham Jhajharia
Advocate, Ahmedabad
6706 Answers
21 Consultations

5.0 on 5.0

hello
 a complaint should be filed before a magistrate for taking cognizance of the offence committed by the wife. the offence must be elaborately explained and how the wife has told lies in the affidavit and the magistrate will take cognizance u/s 199/209 of the IPC and summon the accused. 
regards
Rahul Mishra
Advocate, Lucknow
1301 Answers
7 Consultations

5.0 on 5.0

You can file written statement and wait till she commits more mistakes.
Perjury can be filed u/s 340 cr.p.c
T Kalaiselvan
Advocate, Vellore
41186 Answers
451 Consultations

5.0 on 5.0

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