Legal Question in Family 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.
3 Answers from Attorneys
Both your queries are based on documented facts and any advice can be given only after a study of the pleadings and the memorandum of evidence.
Since in a pending case you may want to engage a lawyer to pursue your remedy in the court of law, any advice on this forum may not be helpful.
it is not clear whether u want the decree of divorce to be anulled by the HC or u want to send your wife to jail. if u really want to bring her back then pursue your appeal without having anything in your mind regarding punishing your wife for perjury.
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