Legal Question in Criminal Law in India

Re : Transfer

Sir,

My question is that my wife filed a Transfer Petition (Crl) before the Hon'ble Supreme Court and in her Rejoinder she has made allegations against me which is totally false not based on any documents and also stated that if the statement is false, then I can file case against her. The said Transfer Petition (Crl) has been disposed off by the Court in her favour. Kindly help me in this regard that how can I filed case against her based on the said statements and whether there is any period of limitation. Thanks


Asked on 9/15/08, 1:53 pm

5 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Re : Transfer

You have mentioned that the transfer petition has been disposed of in her favour. then, there is no basis of your filing any case against her.

Instead of thinking of multiplying litigation, should consider bring the entire controversy to an end.

litigation will cost your time and money beyond proportions. you deserve to be happy and peaceful without being revengeful.

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Answered on 9/15/08, 7:28 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Re : Transfer

Make application U/s.340 r/w 195 Cr.P.C.

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Answered on 9/16/08, 1:13 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Re : Transfer

Make application U/s.340 r/w 195 Cr.P.C.

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Answered on 9/16/08, 1:19 am
Sunil Goel S.G. SOLICITORS

Re: Re : Transfer

If she has made false statements on oath in her Rejoinder in the Court, it amount to perjury. In such a case, you can file an application under Section 340 of Code of Criminal Procedure in the Court in which such perjurious statement has been filed (Supreme Court, in this case). If the court finds substance in your application, then it may send your application in the form of a complaint to the concerned Magistrate for trial, like a regular criminal offence.

Before taking such a step, just ensure that the so called false statement by her falls in any of the offences mentioned in Section 195 CrPc.

Sunil Goel, advocate

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Answered on 9/16/08, 4:15 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Re : Transfer

Apply u/s 340 r/w 195 CrPc

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Answered on 9/17/08, 8:39 am


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