False case by mother against her son and his wife u/s 420 and pretend as pauper

[SHARMA]

My mother lodged FIR against me in Dec/2012 u/s 420 in order to harass and blackmail us and to get money. The criminal case u/s 420 is in process and no witness except her daughter (my disowned sister) in her case. But my sister is just giving statement that my mother phoned her and explained her about fraud, nothing more. Not any other strong witness is there. Other witnesses are just situational witnesses like arresting policemen, registry clerks etc. (We all siblings were disowned by my mother in 2004). Even I have a notorised affidavit cum receipt given by her regarding money returned and no due pending. But she is denying it. The case is still in process but meanwhile my mother filed a new recovery case for Rs. 26.00 Lacs pretending as pauper/indigent person. This false recovery case was for Rs. 26.00 Lacs and the court fee was Rs. 60,000.00 in order to save money, my mother become a false pauper and gave affidavit about her poor financial status before Judge. Even she has changed the lawyer which was allotted by Free Legal Services and got a senior private advocate. I replied and mentioned that she is getting pension of Rs. 15,000.00 and even she had agriculture land in her name, how can she claim in a capacity of a pauper person? After some period she withdrew this pauper case but deposited Rs. 26,000/- as court fee to continue to recovery case. I just want to know, what should we do now in this recovery case. Can we ask Court to take action against her? Should we filed any other case against her. Because she is just after us and being a revengeful lady she will continue harassing us by such false cases because we have to travel in her city. Even a domestic violence case which was filed by her in our city, was dismissed in default after FIR lodged against us. Please suggest us any remedy as she is just taking undue advantages being an old lady. We are quite hopeful that there is no merits in her both civil and criminal cases but we are forced to quit our jobs and even to spend money on her baseless cases. Thanks in advance for best remedy against such social evils in our life.

[Dr. Ashok Dhamija]

The best solution in such cases is, of course, an amicable settlement between the two sides, since the opposite party is your own mother.

That said, if you feel that an amicable settlement is not possible, you’ll have to fight the cases on merits. Nobody can generally restrain a person from filing a fresh case against someone else. Such case, as and when filed, has to be fought on merits. Sometimes, counter-cases are filed to put pressure, but then it multiplies the litigation though sometimes it may lead to amicable settlement if both parties are facing cases and want to get rid of the same.

In the given facts, if you want, you may consult your lawyer to explore the possibility of filing a case of perjury against the opposite party.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[SHARMA]

Sir, Can we take action against her false affidavit given before Judge regarding her current & fixed assets less than Rs. 1,000.00 despite having pension in SBOP and agriculture land in her name? Will it be beneficial for us to show in such cases that if she can pretend as false pauper/indigent just to save her Rs. 60,000/- court fee, then how much authenticate her allegations or statements can be? Even she sold her house in Rs. 8.00 Lacs and now claiming that she sold her house in Rs. 20.00 Lacs without any evidence? When the buyer denied her then she got an affidavit from the local property dealers executed on Jan/2013 after one year and some months of Sales deed date, (please note that sales deed of house was on 16.12.2011), even in this affidavit dealers mentioning that the deal was done in Rs. 20.00 Lacs. I want to know is it authentic that a house sales deed is in Rs. 8.00 Lacs and even buyer is not disclosing the real amount of sales deed of this house. In this civil recovery case what value such false affidavit can have?

[Author]

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