Wife filled 498A 4 years ago in Kolkata. 498A Case in Evidence stage , wife not coming for her evidence either in 498A or in 125 case. 125 interrim ordered ,She submitted a medical certificate from Govt Hospital where it is clearly mentioned an old scar mark in the prescription . But wife said in FIR that she was severely injured by the assault of the husband when she went to matrimonial home to get back all her streedhan(All lies). She said that she required emergent treatment and was carried to the hospital with the help of her relatives. She filled divorce and in divorce pendalite case she submitted the medical certificate from govt hospital. When I received the medical certificate copy from her lawyer, I filled RTI with the Govt Hospital, Which is a pediatric and Gynecological hospital 8 km away from my home. She did not go to emergency dept but went to OPD Gyno Hospital replied to my RTI and said that she came for the treatment of a old scar mark, Using such old scar mark she claimed to be seriously injured and went to the OPD Gynecological Dept of a Govt Hospital.She made up a concocted story of assault to trap husband. All of her witness are saying that she was assaulted and went to hospital for emergent treatment. Now with the RTI reply from the Govt Hospital as evidence, I want to file Defamation + 120B against wife and inlaws. My lawyer saying defamation not possible because 498A acquittal has not happened yet. he says IPC 120B cannot be applied alone without other sections. So Experts please guide me what is the best way I shall proceed to file criminal conspiracy case against wife and in laws.
Hello,
Please understand that even if the false case has been filed and you have concrete evidence, the fate of the case will be decided by the judgment of the court. No case can be filed by you at this stage till the time trial of 498A is not concluded.
Thereafter, not defamation but the case of malicious prosecution alongwith the suit to claim damages will be filed by you.
Regards
1. Please note that on the basis of unfounded allegation made in a complaint r pleading no case for defamation lies. So forget this idea.
2. However f the statements made on oath is false which was known to the maker of the statement at the time of stating but still made to cause unlawful wrong to the other party then case of perjury under section 340 CRPC can be filed against her.
3. Yes unless there is 2 or more persons committed crime section 120 B does not apply . it applies only with other sections.
4. The delay of 4 years without any progress in the 498A case is not usual. Thee are many methods to expedite this case.
Feel free to contact.
If wife has made false statement on oath make application under section 340 of cr pc read with section 191IPC
2) 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…”
Wait for acquittal then file case of defamation against wife
Your lawyer is right that no defamation case is maintainable under such circumstances.
There is no criminal conspiracy in this case.
Her relatives are just witnesses to her case and have not conspired anything against you at least in the legal sense.
First get her false case dismissed based on the documentary evidences and merits in your side after which you can decide further course of action.
Dear Client,
RTI reply is good evidence to defend your case. But until,cases are not decided/dismissed in your favor basing on such medical evidences, filling any case by u, will be pre mature litigation.
Pursue cases filed by wife, and get them dismissed on the basis of Evidence procured by you under RTI.
Filling false cases do not comes under Defamation.
U can file suit for damages for all your harassment and loss.
And u can file application before same court once suit Under Section 340 of The Code Of Criminal Procedure, 1973 to initiate criminal proceeding for filling false case against you.
Your ld conducting advocate is right. You need to be acquited from the 498 a charges using the rti as evidence. After acquittal you can file civil/criminal defamation case using the acquittal order.
See first of fall criminal conspiracy is an offence when there are other offences without offence there is no criminal conspiracy. So your lawyer is correct there has to be some offence conspiracy can be clubbed with.
And till acquittal wait for defamation case.
If any person submits false evidence before court than it is offence of perjury and punishable under section 193 and 195 Indian Penal Code and shall be raised at time of trial but if the truth has come to knowledge after trial a perjury can be filled and you have strict evidence to same.
Section 193 in The Indian Penal Code
193. Punishment for false evidence.—Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Explanation 1.—A trial before a Court-martial; 1[***] is a judicial proceeding. Explanation 2.—An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. Explanation 3.—An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence.
195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.—Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which 1[by the law for the time being in force in 2[India]] is not capital, but punishable with 3[imprisonment for life], or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. Illustration A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 3[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 3[imprisonment for life] or imprisonment, with or without fine.
Respected Legal Experts, Thank you all for your valuable feedback. Really appreciate your help. If I file Per jury Section 340 read with 191/195 on the basis of this medical evidence and RTI when she is saying that she was severely injured and required emergent treatment , but her doctor prescription which she submitted as evidence say " An old scar mark" Also the RTI reply saying that she visited the hospital for the treatment of a old scar mark. Wife was staying in her parents house for 15 days after she left matrimonial home, so if the scar mark is old , she would have gone to the doctor immediately instead of waiting 15 days, if the scar mark was just 2 hours earlier as claimed by her, then why would her doctor say in prescription "An old scar mark" will these ingredients be sufficient to file Section 340 after she gives her statement in maintenance pendalite case? what are the chances of success for the per jury application. Thanks
Dear Sir,
Defamatory case can be filed for the grounds other than 498A allegations made by your wife. Since no finding is given on the allegations made by your wife as such it is pre-mature to proceed against your wife. Further the documentary evidence will be read with oral evidence of witnesses produced by the prosecution. You are saying that witnesses supported her allegations about assault and injury. Those witnesses must not be trustworthy . During defense evidence you may bring some witnesses and let the Court know that prosecution witnesses were purchased by your wife. You may use section 120B of IPC but it can be replaced by any other section like 34 or 149 IPC. My advise is to wait for sometime then file defamation case after getting acquittal for offences under section 498A IPC.
Perjury case can be filed if she is found to have false statements on oath before court, which you have obtained through RTI act.
Please be aware that the a scar mark itself is an old one.
Fresh means it is an injury, so when injury heals as the days pass by, the scar will remain permanently after the injury is healed up.
Therefore it can be clearly established that she made false statement on oath before court which may attract perjury
For invoking sec 340 CrPC, let court decide credence of evidence forged by her. Once, court will reject with reason recorded in order, than it will sufficient to proceed u/s 340.
If wife makes false statement on oath you are at liberty to file perjury application against wife
2) you should call the doctor as your witness to nail her false statement
You can use such RTI reply in the Trial and may ge thencase decided in your favour.
Regards
Hi,
It is suggested that you get her statement first recorded in the court and then puzzle her by your cross examination, followed by submission of your proof and then filing a petition under section 340 cr pc
Section 191/195 read with section 34 IPC. If it is proved that they registered an FIR with false statements and evidences then you can also file case of defamation because all the false statements and evidences against you had defamed you.
If you have all the proof against her, then order can be in your favour. If you have any further prayer before Court then you can add that also.
After acquittal you can file defamation, criminal conspiracy, false Complaint to police, using state machinery etc. Presently you need to just contest the case.
Yes, the proofs you have are enough to initiate perjury petition againagainst her.
If the petition is properly drafted and pursued then there is scope for success. Take help of a seasoned advocate.
if wife made or further she make any statement on oath before court than you can proceed against her and file a perjury and you hhave sufficient evidence to the effect to prove perjury against her