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No Children, Yet She Claimed Two Minors in DV Affidavit
17-Apr-2025 (In Domestic Violence Law)
I need legal guidance regarding a serious issue in a domestic violence case filed by my wife. In her petition and affidavit, she falsely claimed that we have two minor daughters. The truth is, we have no children at all—biological, adopted, or otherwise. This false declaration appears to be a deliberate attempt to mislead the court, possibly to gain undue sympathy or legal advantage. I believe this act amounts to perjury and may affect my rights and the overall integrity of the case. I would like to understand the legal remedies available to challenge this falsehood—whether I can file for perjury, present evidence to have the false claims struck from the record, or pursue any other legal action. I am also concerned about how this might influence the court's view if not addressed promptly. Please advise on how best to proceed to protect myself legally and uphold the truth in this matter.
Firstly, we need to file written submissions in the court stating our side of facts and circumstance in which we will specifically mention that 'no child born out of this wedlock'. In order to guide you better we need to look at the DV complaint. Feel free to contact us to have a detailed discussion on your matter.
Regards
Mehak Bhatia
Advocate
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Adv. Mehak Bhatia
Delhi | 50+ Answers
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Best course of action is to file in writing in the ongoing case to bring it forth to the court concerned about the perjury that is being committed. The court may thereafter on its own direct for the perjury case. If not then after waiting for a reasonable time you must file a case for perjury. Not bringing the same forth that too with a record for future reference will put you in a place of disadvantage. You can contact me to consult on this in detail if required.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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it is much better that you file for false affidavit so that the DV can be dissolved. Kindly ask your lawyer to file for the false affidavit at the earliest and not wait for the next date. Though your rights will not be affected but still the case of DV can be dissolved
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Hello sir. You can file an application for perjury in court. Court can take cognizance on the application and take action accordingly for submitting false affidavit as well as facts before the honourable Court
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Adv. Bhawani Gupta
Delhi | 50+ Answers
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Have you filed you Reply or written statement in this case if you are not then file your written statement and mentioned all the points those are reliable to you.
Further inquiry you can call me for further inquiry and take consultation
Thank you
Regard Sandeep Vats Advocate
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Adv. Sandeep Vats
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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