Wednesday, May 10, 2017

Will Soundarya  Rajinikanth will be put behind bars for giving false information in court in her Divorce case?

Advocate Satish Kumar Speaks: Will Soundarya  Rajinikanth will be put behind bars for giving false information in court in her Divorce case? Soundarya has filed Mutual consent divorce along with her Husband Ashwin before the Principal family court at Chennai on December 23. The conditions for mutual consent divorce under Hindu marriage Act should be fulfilled when a couples file consent divorce before the court. The period of marriage should be atleast 1 year before filing divorce. Both the couples should be separated atleast one year before filing the mutual consent petition before the appropriate court. And regarding their matrimonial separation Soundarya has made averments before the court that she and her husband has separated for more than one in their matrimonial bondage. But the Times of India on its December 23 Web Issue has Stated that “Soundarya tweeted in September this year that they had been living separately for more than six months”. Twitter statement of Soundarya available on the twitter site. If it is so Soundarya can prove only 9 or 10 Months matrimonial separation which are on records in media and social media. On the above basis Soundarya has given a false statement that she living separately for more than one before the Family court at Chennai. Now the question is whether the Principal family Court at Chennai will punish and put behind bars for giving false information and statement before the Court. Giving false information in court is an offence under Indian Penal Code. It is a criminal offence u/s 191,193,195,199 of IPC, 1860 to make false affidavit in one’s pleadings or filing false affidavit or false document in evidence before court of law.Criminal proceeding may be initiated against guilty person by making an application u/s 340 Read with section 195 of CrPC 1973 before the criminal or civil court for giving false evidence.Punishment is up 7 years imprisonment and fine. When false affidavit or false documents were given in any quasi judicial or administrative proceedings, then a private complaint can be filed u/s 200 before competent magistrate.And it is clear for the sake of obtaining divorce Soundarya has given false statement before the PrincipalFamily Court at Chennai. For all your queries write to Daniel & Daniel whattsapp service No.9840802218

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