Revision in 125 3 rejected by jmfc
Yogesh
(Querist) 30 January 2015
This query is : Resolved
Dear Sir,
Greetings.
1st Wife filed 498a in the year 2007
2nd wife filed 125 in the year 2009
3rd judgement passed on 125 in 2011 in wife favour
4th judgement passed on 498a in 2014 in my faour
simultaneously she also filed 125 3 in the year Dec-12.(1st case)
I do not receipt any summan /warrent send by JMFC
however wife filed following cases against me
1. 125 3 (2nd case in different court) in 2014 July.
2. dv Act 2005 in 2014 July.
I appeared in 125 (3) 2nd case & submit my application along with time barred Citation copy of Hon. Supreme Court, hence till date no ordered passed by JMFC 2nd (125-3).
Now in 1st cRPC 125-3 when i filed application for rejection of wife application due to false complaint filed by her in 2007 of IPC 498a & hence she is not eligible to collect any maintenance from me. But JMFC rejected my application on 3/1/15.
1] In my application I enclosed HC Judgements as a ciation No.AIR2005BOm298 Meena Dinesh parmar V/s Dinesh H parmar , in the ciation clearly mentioned if the wife filed false case of 498a, so far concern she will not get maintencance from husband.
2] In support of my evidence i enclosed HC Case Sanjay Sudhakar Bhosle V/s Wife Case No. 226/2002 under which it is clearly mentioned if there is no evidence of cruelty against wife no maintenance will be granted to wife.
Further it is mentioned that if wife would like to stay with me she could file 125 case first and then she could file 498a against me. but she did vise a versa.
We could not say in 125 application filed by Wife, that she filed a false case until the judgement /order.
these above grounds was not accpeted by JMFC and rejected the same.
now i need your help.
1] May I file a writ Petition / Misc Cri App. against the rejected application by JMFC in H C? time limit from the date of order ?
2] May I File an application for stay on proceeding in all proceeding of 125-3? if appeal? time Limit from the date of order?
3] whether it is maintainable the wife application in H.C?
Please guide me on the above facts and provide me any Supreme Court/ H C Bombay Ciations if any.
Regards,
DEFENSE ADVOCATE.-firmaction@g
(Expert) 30 January 2015
You have posted your problems at various threads and in some of them I have replied.
One basic theory in legal matters you must remember and follow that that when a cotton thread bundle gets entangled than great precaution has to be taken to sort it out.More you hurry more its gets complicated.
There were similar many problems on this site but in the hurry no body listens to proper and effective advice and jumps to HIGH COURT AND EVEN SUPREME COURT and gets threshed.
I am defense advocate and my mandate from the client is to win even though he or she is wrong. And we achieve it by using proper tactics available.
So my simple and sure advice to you is take the matters one by one.
1) DV case against you can be dismissed., but at lower court only. Engage a good advocate or follow cases who have won against all odds.
2) Coming to your maintenance problem. You have to give maintenance to daughter . Even the cases mentioned by you says so.
Now for maintenance order you must first go again to lower court to revise the order u/s 127 giving factual background and go against it if not allowed to sessions court. It will be simple sure easy and will be sufficient to keep your opponent on toes.
Other wise if you can claim and show no income than recent citations can help you.
Read the one of Delhi HC
+Crl.M.C.No. 491/2009
27.08.2010
Sanjay Bhardwaj & Ors. ... Petitioner
Fight with tactics and without rashness and you can win any case what ever may the facts and matrix.
P. Venu
(Expert) 31 January 2015
In the earlier query you had a husband and now you are having more than one wife!!!
Rajendra K Goyal
(Expert) 31 January 2015
Well advised by the expert ADVOCATE DEFENSE. Follow the advise. Engage some senior local lawyer.
Dr J C Vashista
(Expert) 01 February 2015
Same query in different mode/manner appears to be hypothetical.
ajay sethi
(Expert) 01 February 2015
agree with advocate defence
T. Kalaiselvan, Advocate
(Expert) 02 February 2015
