File appeal against said order before sessions court as wife has deliberately made false statements on oath
Sir, I filed application of crpc 340 in crpc 125 on her false affidavit totally.My child marriage was done to her.She never came to my home and she declares herself unmarried in her all documents.Woman cell produced negative final report to the magistrate about her 498a two times.My child marriage is under voidable stage now.The magistrate set aside 340 perjury application ignoring her false affidavit and her documents and imposed a cost of 500 rupees on me. Q.1.What should i do now?
File appeal against said order before sessions court as wife has deliberately made false statements on oath
Hello,
You should go to the HC against the dismisal of the said order and file an appeal before the HC, claiming that there is no valid marriage and hence you are not liable to give maintenance and also that arbitrarily your application has been dismissed by the lower court below.
Regards
Sir since there are evidences agaisnt the false affidavit and citing same only the application was filed by you so the magistrate order should be challage before the sessions court seeking the relief and action agaisnt the wife.
From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
You can follow below Prosecution and Elements for Perjury
PROSECUTION OF PERJURY:
1. Legal obligation to state the truth
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense:
(a) The statement is false
(b) The prson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally.
All three criteria must be proved for conviction. Intention is most important.
False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .
ELEMENTS OF PERJURY:
1) False statement made by a person Who is —
a) Bound by an oath
b) By an express provision of law
c) A declaration which a person is bound by law to make on any subject
d) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.
2. Oath must be administered by a person of competent authority.
The authority must be competent to administer the oath. The proceedings where oath is administered must be sanctioned by law.
3. Express provisions of law include—Plaints, Written Statements, and other pleadings.
a)CPC casts a legal duty to speak the truth
b)Verification of pleadings is a legal obligation.
4. Affidavits are declaration made under oath.
5. A statement could be verbal or otherwise.
a) Statement that he believes a thing which he does not believe.
b) Statement that he knows a thing which he does not know.
c)Statement that he knows to be false or does not believe to be true .
d) Statement need not be on a point material to the proceedings.
Under which section is revision filed and what r its gredients?
The revision power are under section 397IPC with the sessions court on the ground that the lower court failed to appreciate the material on record,
(1) Any person on whose application any court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) ofsection 340, or against whom such a complaint has been made by such court, may appeal to the court to which such former court is subordinate within the meaning of sub-section (4) of' section 95, and the superior court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section and subject to any such order, an order under section 340, shall be final, and shall not be subject to revision.
Section 397 to 405 of the Cr.p.c. deals with the provisions of the revision.
May be filed in the following cases:
(1) In a case of grossly erroneous decision or findings of the inferior Court;
(2) Non-compliance or improper application of law;
(3) Illegal appreciation of evidence or irregularities in recording of evidence;
(4) Where judicial discretion has not been exercised properly or it is exercised arbitrarily or perversely.
Regards
If the perjury application has been dismissed and you are aggrieved by the decision then you may prefer an appeal against it.
Why and what was the reason quoted by court while imposing a fine amount in the perjury case?