Case of filing a false affidavit.

I have filed divorce case against my wife under adultery as mutual consent could not be agreed. Marriage is over 17 years. I have ample evidence with witnesses and the only child is with me. Many phone recordings wherein she has confessed to third person about her physical relations. Also recordings of her mother and sister evidencing lacs of rupees taken from other man and kept in joint account of family members showing family is involved in the dirty work. Over the years many chances were given to correct herself but to no avail. On confrontation, law advantage was taken and she forced her entry into the house and we have now moved to a rental place. All police investigations against her allegations are against her. first case was filed by us.

She filed a case asking for 1/4 share in my fathers property where we were staying and where she is now and we had to move out to a rental place. We have now got a High Court directive to decide on 7/11 on the matter within 6 months. She filed a wrong affidavit to recall an order turning down her right to file WS in the case and it accompanied a doctors certificate which is of her cousin brother. She has said of her being down with jaundice so she could not attend. While on record in other false cases like section 125 and domestic violence and main divorce case she is attending in the court. She is teaching and going to school. I have her phone recordings wherein she is talking to her lawyer regarding this case and talking about taking leave from school.

I have filed all certified copies of orders sheets and petitions of other cases and also filed her bank statement and resume to show her school job and phone recordings. Application file by me is under 340 asking for action under crpc 188, 189, 190 and 192. How is the situation and strong my chances for action against her? Also her cousin doctor for giving false certificate? Can I have his registration cancelled? Maybe not as system it too slow for all this and arrest. But maybe compromise for settlement can be worked out.

Answers (1)

205 votes
You have filed an application for perjury i.e your wife has lied on oath and submitted false affidavit. Whether statements made in affidavit are true or false can be decided only after trial, rather than making application for perjury better concentrate on fighting existing cases on merits. You have to produce roznama of other courts wherein she was attending to show that she had deliberately made false statement that she was suffering from jaundice and was attending other cases.

Don't proceed for cancellation of her cousin brother's registration as it would further vitiate the tense relationship between you and your wife .

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