The affidavit is signed by him and the date is the same when he was present in his office then that is falsifying on affidavit. File an application to this effect in the family court before the principal judge.
Presence of petitioner
Sir, My husband filed divorce case on18 th June 2015 at 8.30 am in Bhagalpur family court.I received the reply of rti on my staff name which was confirmation of my husband presence at office on 18.06.2015 .The dept also cleared that normal office duty hours start from ,8.30 am to 5.30 pm.After recieving of RTI reply I put the same to PMO portal asking please clear the presence of pankaj kumar on 18.06.2015 in office as well as comment on physical presence of Pankaj Kumar at 8.30 am in Bhagalpur family court.The department replied as that Pankaj kumar was present on duty on 18.06.2015.The department has nothing to comment on his physical presence of Pankaj Kumar at 8.30 am. Now,I do wanted to know that why Departmental proceeding has not been done. Which case should I file against my husband . He has been lying in court for having been leave on 05.02.2016 however in RTI dept replied that he was on leave on 05.02 2016. Please guide perjury case where to file means the family court bhagalpur or the place I resides.please guide me.
Asked 6 years ago in Criminal Law
Religion: Hindu
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11 Answers
You have to first establish his false information in the court at the time of cross examining him.
You can also produce the information obtained through rti act before the court to affirm that he was on duty at that time hence his presence before court t that particular time cannot be possible, therefore the petitioin filed by him is false hence it may be dismissed for the reason that the petitioner has played fraud on court.
Cross examination has been done and I was posted outside..but what to do at present .
Asked 6 years ago
You can make a complaint to the concerned department attaching the copies of the information obtained through RTI act and request them to take suitable action against the erring official.
If the department concerned is not taking any proper action or adopting dilatory tactics, you may follow it up with the higher authorities for proper action in furtherance on it.
File an application before the court so that it takes cognizance.
It may be that your husband attended office later after filing divorce petition in family court at 8.30 am
2) the reply merely states husband was present on duty on said date but not time of his arrival in office
3) instead of filing perjury application better option would be to file detailed reply denying the allegations made in divorce petition
4) perjury application has to be filed in family court if false statements are made on oath
You can further cross examine your husband as to how he was present in office and family court on same day at same time when family court and his office are at some distance from each other
He is in police ?
For present in family matter, party appeared in court while on duty, court has no matter.
This is purely domain of his department. Only disciplinary enquiry possible that while on duty and without leave, he was present in court.
Rest, dept will decide whether to initiate action or not. Complain at head office.
Firstly, you ascertain "Precisely" the distance and time taken to travel from Court to his office based on which you can take next course of action, i.e., if the distance and time taken cannot match with his admission he can be tried.
Further, the access details i.e., in punch timing is not given by his office, as such, it is not clear, you can take this to your advantage.
It is not advisable to file perjury case, i.e., it has to be filed on FC and you need to prove / establish the falsehood of your husband. In above situation it is difficult. However, time permitting, you can examine him on above aspect of distance, time required to transit and / or his in punch on even date etc. which will come to your rescue and establish his falsehood.
- For filing a Divorce petition , the presence of petitioner is not mandatory, this can be filed by the lawyer on behalf of him.
- He has been lying in court for having been leave on 05.02.2016 however in RTI dept replied that he was on leave on 05.02 2016. ?? what do you means , as he claimed that he was on leave on 05.02.2016 , and also via RTI you got same reply as well.
- As per law, you can file any case against your husband from the place , where you are residing presently.
1. You can make any case against him in this ground that at time of filing of case he was in office because in civil cases presence of petitioner is not mandatory as time of filing of case.
2. And it is not perjury that husband is not disclosing the leaves to wife.
You need to file the case before same court for perjury. You can prove that he has lied on oath before court
