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

[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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