Legal Question in Criminal Law in India

Respected sir,

My husband filed divorce petition in which he used a false address of his driver where I never lived and he submitted a rent receipt of his driver as annexure with his Evidence by way of affidavit in the family court, Receipt is as under :-

Rent Receipt 18-11-2008

I, �����S/o����. declare that I am the sole owner of House No������������.

I also declare that Shri�����S/o Shri�����.. of permanent address ������������.is living at first floor in my above said house as a tenant at Rs 800/-per month and he is paying rent to me regularly. He vacated my House in Oct 2008.

Sig & Address

Now in High court in his Rejoinder Affidavit he said I am living with my all family members at (his actual address)�.........Since 2005.

By the above Rejoinder Affidavit the above rent receipt/ declaration proved as false/forged.

Some lawyers say 340 CrPc can only be filed in family court only. but I don�t want to go in family court I want to file a criminal case in criminal court against house owner for giving false declaration U/Sec 199 of IPC.

Here lawyers say you can not mention Sec of IPC. In the petition but I want to give heading of the petition as under:-

PETITION UNDER SEC 120B, 193, 199��.FOR AN ILLEGAL ACT OF CRIMINAL CONSPIRACY, FALSE DECLARATION, AND FABRICATING/ISSUSING FALSE EVIDENCE/DOCUMENT TO PRODUCE IN THE COURT.

Please guide me what is correct and what to do?

1 Answer from Attorneys

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