Saturday, December 3, 2022

Reply To: Maintenance under section 125 crpc

Forums Forums Civil Maintenance under section 125 crpc Reply To: Maintenance under section 125 crpc

#546
By Justuce Bench
Keymaster

Here first point is, why husband deposit 10 lakhs on his wife and children? was it due to a court order for maintenance? or did he do it for an out-of-court settlement? Does the husband have any proof to show that he already made a settlement?

Secondly?
Any person who filed false evidence or an affidavit or fabricated the false evidence before any court can be tried under section 340 crpc read with section 195 PC. On the filing of such complaint the court will inquiry into the matter and punish the accused for perjury. but the other party shall have substatial evidence to prove the perjury.

Reference:-
Vijay Syal Vs. State of Punjab
https://indiankanoon.org/doc/435765/

PROSECUTION OF PERJURY:
1. Legal obligation to state the truth
2. The making of a false statement .
3. Belief in its falsity .
Criteria for establishing offense:
(a) The statement is false
(b) The parson making the statement knew or believed it to be false or did not believe it to be true.
(c) The statement was made intentionally.
All three criteria must be proved for conviction. Intention is most important.
False evidence is said to be given intentionally, if, the person making the statement is aware or has knowledge that it is false and has deliberately used such evidence in a judicial proceeding with the intention of deceiving the court .

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