You have to file application for perjury in same court wherein false affidavit is filed
2) you cannot file case in Bangalore
better get it filed through advocate
False affidavit in DV case, how and where to file perjury
Wife has filed false dv case in her home town ( Hyderabad). after 2 years , she has given affadavit before the judge, i got the copy of it and it has all false information . i have evidences to counter those points . i want to know 1. how and where to file perjury case ? 2. can i file perjury in Bangalore , where i currently live or do i need to file in her home town only ..? 3. do i need advocate to file it , or i can i file directly ..?
Asked 5 months ago in Family Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
7 Answers
Yes you will need an advocate. Your advocate can file your case before family court in your district under section 340 Cr. P. C. Of perjury. Read section 340.
1. On the upcoming date perjury petition can be filed.
2. Petition for perjury is to be filed in the same court where it is committed.
3. Engage an advocate for better handling this .
1. If you have adequate evidence to prove that she has affirmed false information on oath in the form of an affidavit then you can file a petition under section 340 cr.p.c. before the same court, but the fact that the information published is false has to be proved before filing the perjury case.
2. You can file the intended case only before the court where she has perjured the law.
3. Yes, you can engage the same advocate who is dealing with the current case.
1. If she has concealed the true facts from the Court in her complaint , and has filed false affidavit then you can file an application under section 340CrPc before the same Court to take criminal action against her and to dismiss her complaint.
2. This application can be filed in the same Court where she has filed the DV case i.e. Hyderabad.
3. You can file this application directly , however you are suggested to engage a lawyer for filing the application and to contest the case filed by her.
Perjury under Indian Law: Sections 191, 192, and 193 of the Indian Penal Code (IPC) address perjury, which is defined as giving or fabricating false evidence.
Procedure: File a criminal complaint against your wife for perjury. This is usually accomplished by an application to the court where the fraudulent affidavit was presented.
Where to File Perjury Cases:
You should file the perjury lawsuit in the same court that received the fraudulent affidavit, which in this case is the Hyderabad court. This is because the alleged perjury occurred within that jurisdiction.
If you are having difficulty handling the case in Hyderabad, you may want to consider filing for a transfer to Bangalore. However, this is frequently difficult and necessitates a compelling rationale.
Do you need an advocate?
While you can theoretically submit a complaint on your own, it is strongly advised to hire an advocate. Filing a perjury case requires extensive legal expertise, effective complaint drafting, and a thorough awareness of procedural criteria.
An advocate can ensure that your complaint is correctly crafted, supported by relevant facts, and effectively presented in court
1. You shall have to file the perjury case at the place where she had committed the perjury.
2. It will be prudent on your part to engage a honest and sincere lawyer having expertise in this field of law in your own interest.
