In custody case my husband produced fake evidence (screenshot of sms's which was never sent to me) supported by affidavit & the judge allowed the petition along with fake evidence. He produced some sms's showing he sent me prior intimation of visitation but I did not comply, restricted the father from meeting with daughter & violated court order. Now for violation of order, judge gave a strict order & warned me that custody may b transferred in his favour for violation of order. I want to know- 1)In which sec i can claim to court to produce genuineness of sms's? 2)If the court disagrees to take the complain how can I make the complaint? Is there any alternative way to make the complain? 3) What may be the punishment? In which sec? 4) Despite submitting necessary documents the judge (2nd ADJ) giving judgement being biased. Where to approach against this order (before going to HC) & how? Is there any scope to go to district judge? Kindly suggest.
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The husband has committed perjury by lying and submitting false evidence in the court which is a punishable offence.
Five an application in this regard to the judge hearing your case and he shall consider the same and issue appropriate directions to the police to lodge an fir.
File criminal revision against this order of refusal to register an fir.
Regards
Under section 191 of IPC, an affidavit is evidence and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment. However, action against making a false statement should be initiated during the trial itself, and not at the end of it which may take a long time
2) (2004)7 SCC 166 para 13
“As a general rule, suppression of a material fact by a litigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the Courts to deter a litigant from abusing the process of Court by deceiving it. But the suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case…”
2)you have to file petition for perjury against husband under section 340 of cr pc read with section 191 of IPC for making false statement on oath
3) as against impugned order you have to file petition in HC
The very 1st thing is filing of 340 crpc, and you need a competent lawyer, what was your lawyer doing then? You need to go one step at a time, filing these petitions, if court doesnt give order, file appeal at district judge, then if district judge rejects then only go to high court, if you go high court by jumping a step it may be fatal.
You can challenge the same if it's fake. You can ask him to produce certificate under section 65B of evidence Act. If court disagree you can file for revision in appeallate court. It's perjury the punishment is from 3 to 7 years. You can approach the high court if you feel the said court is based. You can also approach principal judge for transfer to other court
1. You can file an perjury application against husband in course of trial itself for producingnfake evidences on affidavit. Lying on affidavit is criminal offence and same is punishable under law.
File appeal against the order. Same court will not entertain once petition is disposed. HC will set aside the order on the ground that relevancy of screen shots not verified.
1. Ask the court to pass a direction that husband shall file an affidavit of section 65B of the Indian Evidence act for production of the electronic evidence
2. Approach the HC
3. Punishment is prescribed in section 193 of the Indian Penal Code.
4. You will have to approach the HC.
Regards
1. Under section 65B(4) of Indian evidence act
2. This is not a complaint, but you file a petition seeking to nullify the evidence since it was not produced before court under the provisions of the law referred above, if the court dismisses the petition you may file a revision against the decision before high court.
3. There is no punishment for this in civil matters. His application may be dismissed if you prove your side.
4. You can prefer an appeal agaisnt the judgment made by the trial court before the high court
Dear
1) you can make an application of section 340 CrPC for proving the genuiness of Documents produced by him in court.
2)court will not disagree for taking your application of complaint
3)the offence is punishable under section 195 IPc with imprisonment of upto 7 years.
4)you should approach HC against the order of ADJ court.
Regarding my previous question as my husband submitted fake sms screenshot as evidence in custody case that the court accepted without verification. I mentioned in w/o that no such communication made but court ignored & made strict order of visitation right in his favour. Now I'm going to calcutta HC for revision & want to know- 1.Whether HC can give an order to nullify the evidences? 2.Whether there's any provision to raise 340 crpc from revision order of HC, giving false sms screenshot or make a separate petition to file 340 crpc without waiting for HC's order? 3.Whether visitation can be stopped/ stayed till the disposal of 340 crpc? 4.What should I do on next date of hearing that is fixed for evidence of main case? Kindly suggest.
you have to file petition for perjury against husband under section 340 of cr pc read with section 191 of IPC for making false statement on oath before trial court
2) visitation rights would not be stopped
3) lead evidence on next date
4) husband has to prove sms were sent by you during trial
1. High court can order rehearing.
2. You can do 340 crpc in trial court.
3. Court can only stop it through order.
4. You can file complaint under 340 & 195 crpc.
1. You first of all prepare the revision petition strongly putting in all the points that you rely upon to get the case to be decided in your favor and then place your arguments strongly in order to get a decision in your favor.
2. The proposed perjury case is not maintainable in high court becasue you are approaching high court with revision petition and not for any other relief as proposed now.
3. No, that is a different subject to this.
4. You may participate in the trial proceedings to let in evidence, if you are not prepared then what yo do is inform court that you have filed a revision petition before high court hence to hold the case till the disposal of the revision petition.
Yes High court can give the order to nullify the evidences but you have to prove that the SMS were not sent by you.
visitation cannot be stopped till consideration of 340 CrPC application.
I filed 340 crpc to court against the fake evidence produced by my husband in custody case in form of mobile screen shot that he never sent me. Relying on that court given an order regarding visitation in his favour. The court written in the order copy 'relying on the screen shot of sms' given the order. I obtained certified copy of those fake sms screen shots from court. By the time 1 yr passed, hence can't retrieve CDR from service provider, police told.How can I prove the matter of fake evidences? Any alternative way? My husband didn't produced any soft copy to prove their genuineness of those sms or didn't give any evidence, those are not exhibited. Can I call for evidence under 65(b) evidence act?
1) husband has to produce his phone from which these messages were sent by him
2) further certificate under section 65 B would be necessary during trial
3) you can cross examine your husband on these messages in trial
Yes for exhibiting those evidences certificate under 65b of evidence Act is required.
Yes 65 b evidence act plus a cyber cell complaint and get his phone seized
Yes if he has not provided the certificate of 65-B at time of tendering the copy of SMS then you can make application for production of mobile phone from which he have sent you the SMS
Electronic evidence are not valid without a certificate under 65B and hence you must do the same
If you do not have any source to prove that it is a fake evidence then you may not be able to prove your perjury case.
You can file a revision petition before the high court against this order by the trial court mentioning that the trial court did not follow the procedures to admit such electronic evidences which is provided under section 65(b)(4) of Indian evidence act and get the orders set aside.