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Experts Exchange

Privileges as senior citizen etc.

Posted by V.N.K. MENON

I am a senior citizen of about 70 years and have been falsely made as one of the respondents (R-3) in a d/v case. The purpose is to harass me and get easy money by Opposite Party.

As far the D/V case is concerned, the d/v case is clearly time-barred as per S-468 CrPC and as per case laws/precedents. So also there are proofs like Police Control Room Report that the complainant lady was kept under captivity by her parents and indoctrinated to launch lucrative -d/v business-. As such I filed a case in the High Court for quashing by the high court the d/v case (pending in the family court). Factually, adjournment-after-adjournment are given. As defined in S-37 Specific Relief Act, I was 'enjoined from the assertion of my right' and peaceful life and I am deliberately being harassed by calling to the court now and then to extract money at this age. I hope I have delivered the goods for the purpose of queries:

QUERY -1:
[With regard to privilege for senior citizens]
---------------------------------------------------------
Will I be able to approach Supreme Court, DIRECTLY INSTEAD OF DIVISION BENCH, by way of SLP against an order of the single judge of the high court which adjourned the said d/v case for a date after 6 months from now.

Incidentally, in yet another civil (employment) matter, BEING A SENIOR CITIZEN, I was successful in getting a direction from the Apex Court asking the High Court to dispose of the said matter within 3 months. Can I apply the same route here.

QUERY-2:
With regard to lower court matter
--------------------------------------------
Usually courts grant injunction NOT beyond 6 months of the lower courts. Whether further injunction is granted on the expiry of the initial 6 months which I do not know.

Hope experts will be kind enough to give their considered guidance to enable me to decide the next course of action.

Justification for posting as anonymous: Because there is a possibility that the Opp.Party may see the source of query.

Thank you in anticipation.

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Updated on : 20/09/2018 17:40:07





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