Can Perjury filed after exparte judgement ?
Legal
(Querist) 24 March 2018
This query is : Resolved
My opponent filed package of matrimonial cases against me and my family members 1 498a,406,34 IPC charge framed pending in JFMC for order of an application filed by me u/s 91 of CrPC in my hometown say place H court
2 CrPC 125 for maintenance in which 4 k per month was ordered to her which I went to HC also but, it was dismissed by HC in her hometown say place W court
3 DV in which the same amount was ordered and adjusted in which I appealed in court of sessions but, shocking judgement was given by sessions court where other reliefs which were not demanded by her in trial court were given to her by appleate court like house rent, and compsation and protection orders which was also at Her town W court.
4 Divorce in which also she filed HMA 24 application for maintenance and legal fees and lodging and transportation expenses of her and 1 escort as she filed divorce at h court. In which court ordered legal fees and lodging and transportation expenses per hearing in which I filed transfer petition in HC to her place which is still pending in due course meanwhile she submitted some forged and fabricated documents in the divorce case which I came to know from various RTI's from different departments and even I filed application in court to investigate the documents which was rejected by the court then she send 1 person for settlement of all cases in which we prepared an notarized agreement that we will take divorce by mutual consent and withdraw all civil and criminal cases and complaints against each other she agreed to volentery leave all the court orders of maintenance and etc and we will do all these activities parallels but, after that also she filed execution in which I paid and proceeded in divorce also didn't produced the agreement in any court , and unfortunately as there was lots of cases on me I requested the court to adjourn the divorce case for a month as I wanted to produce some documents which are suprressed by her and also mean while got to know that she has opened her business centre in my hometown where the divorce case was going on but she was claiming money for transportation from me but court didn't have me time and I was ill at that time so court produced ex partee degree against me which is now 4 months later . Now, I got other evidences also that she presented forged and fabricated documents in the case and I have evidence of her business centre also so my question is can I file an application of CrPC 340 now after passing of exparte judgement in the same court. For divorce I have decided to move HC and will ask the court that as it was already decided by both and family agreement which notarized so I accept the divorce but, not the allegations. if any other suggestions experts can suggest then most welcome. I am contesting all my cases in person suffered a lot but learned a lot too
Guest
(Expert) 24 March 2018
You can file any number of cases, but before that you should get the ex parte judgment reversed failing which, any case of perjury may flop, as you have not contested about the falseness of documents or information during the process of trial of case against you.
Secondly, a notarized document can be an agreement, but cannot be a certificate of your divorce. You have to bear in mind, a divorce without the seal of the competent court of law with its decision after due trial cannot be considered as your divorce.
Legal
(Querist) 24 March 2018
Thanks Dhingra ji but, I didn't got you ex partee judgement reversed ? How ?
Legal
(Querist) 24 March 2018
Thanks Dhingra ji but, I didn't got you ex partee judgement reversed ? How ?
Dr J C Vashista
(Expert) 26 March 2018
Why do you not consult your lawyer who have fabricated you "498 Warrior"?
Guest
(Expert) 26 March 2018
Your supplementary question aimed at me makes me feel as if your problem was hypothetical, not real one. Had you asked the same thing from your own lawyer,, who would have been engaged by you to fight your case of 498A, 406, 34 & 91 IPC or 125 CrPC, or HMA 24, he would have advised you appropriately to get the ex-parte case reversed.
Nowhere in the whole long story you have made even a slightest mention, how your case could get ex parte.
Question arises, if you know about the implication of CrPC 340, why do not you know how to get your ex-parte case reversed. Asking a question on CrPC 340 clearly suggests that yours was merely a hypothetical academic query of your law course.
So, if not a real case, take help of your own class teacher to understand law property, otherwise take help of your own lawyer, instead of expecting the experts to start tutorials for law students.
Now don't pretend that you had been fighting the case yourself without engaging a lawyer. Mind it, if you are facing a real problem and venture to fight the cases at your own without the help of a lawyer, you must be ready to get doomed by your wife through court cases, when you don't understand, what is what of law.
Guest
(Expert) 26 March 2018
You seem to be a great warrior against some dreadful warrior, but without any know how about the arms and ammunition and how to use them in your war in 498A case against you.
May God bless you with some right kind of wisdom.
Legal
(Querist) 28 March 2018
Once again thanks a lot Dhingra ji, however instead of answering my question, U gave me a lengthy advice.
Guest
(Expert) 28 March 2018
I Prefer to agree with Dr J C Vashista and Mr.Jigyasu in their suitable Right Reply to the Anonymous.
Guest
(Expert) 28 March 2018
The Senior Experts Mr. P.S. Dhingra had taken his Valuable time to respond you and you can not just make comment on them.
Guest
(Expert) 28 March 2018
If you could Post the address of your other side I could assist them in implementing the 498 against you Properly by the Police by receiving the Court's Permission Please
Guest
(Expert) 28 March 2018
I could also assist your other side by filing some additional cases on you properly .
Guest
(Expert) 28 March 2018
Your Last statement it self is an Evidence how badly you would have behaved with your family.
Guest
(Expert) 28 March 2018
Just Remove the Respectful word " Warrior " from your Title and it is applicable only to Brave Soldiers.
Guest
(Expert) 28 March 2018
You are not even bold to come out with your Real Name and Identity.
Guest
(Expert) 28 March 2018
498 Coward would be the Right Name being Excessively afraid of Danger or Pain.
Guest
(Expert) 28 March 2018
Sorry to say, I am not bound to give you reply that may suit to your taste, more particularly, when you are not honest with the experts to discuss the real problem and the causes thereof with reasonably acceptable background
