Legal Question in Securities Law in India

My wife filed a petition for divorce under cruelty section 13(1) (a-1) upon the undue influence of her parent in the family court. But she has alleged in the petition filed and during cross examinations that she has not lived with me even for a single day since the date of marriage and Mangal Sutra was not tied on her neck during registration of marriage. Subsequently divorce was granted by the family court in the month of April 2008. Now I've filed a CMA in the high court under sections of family court act. But with respect to the above alleged, I want to know whether there is any chance for the high court to consider cruelty in both facts and as well as law if her false statement alleging that she had not lived with me even a single day from the date of marriage is taken into consideration by the court. Moreover I've valid copy of attested proof from the marriage registrar that she has provided with her own handwriting that Mangal Sutra was tied on her neck and she has accepted me as a husband without any coercion or undue influence of anyone. On consideration of all the above, can a perjury petition be filed separately for setting aside the divoce judgement granted earlier and is there any time frame for filing Perjury petition as on date with respect to the order and jugement granted in April 2008. Also please let me know whether a police complaint can be raised with respect to Perjury.


Asked on 11/22/09, 1:09 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you need to file an appeal against the decree of divorce with an application for condonation of delay as the divorce was granted more than a year back. once your appeal is accepted and the decree is set aside, you may file an application for perjury. without defending your case at the trial court, you are not entitled for filing an application for perjury.

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Answered on 11/23/09, 2:49 am


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