Legal Question in Criminal Law in India

If any 1 take oath and give false evidance...

Husband X submitted a false paysheet during maintenance trail after taking a proper oath but actual paysheet was placed to the court by wife and the final judgement was in favour of wife for maintenance allowance for Rs. 2000 per month as per original pay sheet.

Wife lodge case agenist husband u/s 193,196,198,120B of IPC in lower court.Husband moved to the high court for quashing of the entair procedings and the High court judge is in the openion that when the lower court judge did not punished husband during trial heance the wife has got no right to lodge case after 2 months of judgement ,but in the case the human rights is being violeted if the wife could not get the proper judgment which is her legal right to get proper judgement from the court.If lower court judge not gave the punishment to husband for submission of false evediance after taking oath then it is not a fault of the wife why she will suffer for this? If the openion of the high court judge stands as such ,then all the party gave the false statement even after taking proper oath knowing fully well he would not be punished for the same.And the law will have no meaning then ,Pls help wife as to how and aganist what rule wife shall proced to get proper judgment.


Asked on 3/29/08, 1:55 am

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: If any 1 take oath and give false evidance...

The false evidence is liable to get penalised with an criminal case against the offender after investigation and inquiry.

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Answered on 3/29/08, 10:41 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: If any 1 take oath and give false evidance...

Already Replied

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Answered on 3/29/08, 11:06 am

Re: If any 1 take oath and give false evidance...

Details are required to be examined.You may lodge criminal complaint against wife.

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Answered on 3/29/08, 1:01 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: If any 1 take oath and give false evidance...

In Cr.P.C., there are two provisions to take action against giving false evidence in the court. Under first provision, a summary power is given to the court to award punishment. Under second provision, the court before whom such false evidence is given is required to file a criminal case against the offender after due inquiry.

You need to specify the provision under which wife is proceeding.

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Answered on 3/29/08, 2:02 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: If any 1 take oath and give false evidance...

You could have brought to the notice of lower court regarding false evidence at the same moment before the court and ask the court to have booked him for perjury.

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Answered on 3/29/08, 2:58 am


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