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Querist :
Anonymous
(Querist) 16 April 2011
This query is : Resolved
respt sir/madam,
1)recently in d.v. case for maint. filed by my wife the jmfc has ordered some amount as interim relief. against this i filed a stay appeal but on the contrary wife also filed to increase in interim relief with the same false repeated allegations against husband and in laws.
2)here d j cancelled the appeal of husband and upheld the appeal of wife with order double the interim relief passed by jmfc.
however in both the places the court didnt called for domestic incidence report.
3)now i have decided to appeal in the high court with following points please help valuable suggestions to larger public interest-
-a)prayer to high court to order the trial court to use the power of crpc 310 to visit the place to find out the truth.
-b)to order trial court to take the cognizance against the wife and her parents u/s 340 of crpc. as husband is willing to take the responsibility, to prove the false statement made by wife, by using the power of court to attend the place of husband residence as per sec 310 of crpc.
-c)to explain the meaning of interim relief into the larger public interest with the co-relation of provision of sec.12 of d.v. act which requires to call for domestic report before passing any order.
-d)a contempt of court petition on the basis of false allegation and fraudulence action taken by wife to put the court in motion with false papers on oath.
please help me how to draft a hight court appeal that attempt will not result into dis-faith in the judiciary and the high court may not take some wrong presumption over smartness of husband or his counsel for the appeal to visit the place of crime alleged by wife but i am experiencing the same in this courty.
can make respondent both the judges i.e. jmfc and dj for their deliberate ignorance towards non calling of domestic valiance report even the husband has submitted the appeal in writing to call for such report
please tell me what kind of sections to be applied in appeal to high court in this regard.
Jitendar Kumar gupta
(Expert) 16 April 2011
simply file a petition in the high court mentioning all the grounds with the relief to quash the orders of the lower courts. High court is not going to here all the matters mentioned . If your revision is admitted then every thing shall be all right and you shall have the right to prosecute the wife U/S 340 even in the lower court.
J.K.Gupta Adv.
9868529732
