Dv case in trial and session court
Querist :
Anonymous
(Querist) 25 September 2011
This query is : Resolved
Dear and resp. sir
thanks for your reply of my past query worthy to understand.
1)if husband had given money to wife family first and paying interest for that money as her family first refused.
husband sent notice to return that money again her family had refused through reply notice that they had ever taken any loan or money from husband but husbnad having some evidences that family had taken.
2) jewellery not at all given by wife family but they presented some bills in the court. from the bills it is cleared:-
a) bills not paid and jewellery returned to the shopkeeper but family kept such unpaid & jewellery returned bills since marriage day and submitted in the court.
bills are not fabricated but really collected and stored.
3) absence of Domestic relation and immediate to birth of child wife did namkaran of the child without knowledge of husband and along with someone else.
after the event of namkaran she never came and reside ever with husband. they were living separately from us from the day of marriage.
4) after 8- months of namkaran husband came to know wife was already married before marriage with him and the house in which her parents were residing was gifted by her first relation.
5) before filling the matter of Dv case jurisdiction changed after that property sold by the family to some politician. but it is confirmed that she was married earlier but not not confirmed whether she is divorced from the first as family not at all mentioned to us before marriage about her past.
6) or counsel understood everything and suggesting us to file police complain,.
my query :-
1)points 1 to 5 comes under the matter of cheating or what?
2) regarding official denial of taken money
3) jewellery not paid and returned claim of such jewellery by official means, keeping such documents and submittion in court records
4) how we can get the copy of aggrement and transactions related to that property which they had sold and trying to wipe off the related evidences that she was earlier married and hidden all facts from us.
our counsel is helping after understanding but things we have to furnish him different evidences to reveal facts in the court.
how to file FIR in the police station? if they refused to accept the complain what to do?
Q. only marathi complain is accepted by police or hindi/ english is also acceptable in police station?
we also wanted to know why families are playing with the lives of the childrens. as the matter is entirely played by the family members of the wife as they were fully involved in all situations.
thank you in advance
Devajyoti Barman
(Expert) 25 September 2011
1. No though if you could show prima facie case of lie the filing a petition u/s 340 crpc is worth trying.
2.If you cause searches in the concerned registry office then relevant documents about the transfer of the said property can be obtained.
3. If the police fails to register the FIR then you can move the magistrate u/s 156(3) crpc.
4. If you are concerned with the welfare of the child then you can file a suit for custody of the child.
Raj Kumar Makkad
(Expert) 26 September 2011
1. It come within the ambit of fraud so a separate criminal case may be filed against her and her family members involved in such episode.
2. You have to put evidence that money was given. You can file a suit for recovery.
3. Prove this fact by way of documentary evidence and file an application under section 340 Cr. PC in the same pending case wherein she shall have to face wrath of criminal initiation of action by court.
4. You can obtain the copies of all those documents from the office of reqistrar by making enquiries of exact number of deed ec. from the office of minicipality.
Family involvement is a question related to whole society and a wide range discussion on such subjects is necessary to be held.
prabhakar singh
(Expert) 26 September 2011
1)In the course of personal affairs[some time in business too], people are trusted, and later accusations may be made that trust has been abused. In the extreme cases naming it by breach of trust may also be justified. when a relationship deteriorates, it often mean that someone has abused their position,more specially,in a case where transaction can be proved,as is your case,by evidence.
2)
For it both remedies are possible,a suit of recovery or a criminal case for fraud and breach of trust can be filled.
3)
i think the jeweler's bill can be challenged in court as fictitious transaction bills for which jeweler should
be summoned with his sale register and returns filled in sales tax to confront the correction thereof.
4)
you need to apply to inspect the register of sub registration office where details of documents are noted and there after you can apply for the their copies.
"how to file FIR in the police station? if they refused to accept the complain what to do?Q. only marathi complain is accepted by police or hindi/ english is also acceptable in police station?"
Answer:you just report it with police ,if it does not register file an application u/156(3)Cr.P.C.before Magistrate having jurisdiction in the matter.
As you have a lawyer he can very well inform you in what language Mumbai police accepts a FIR.
As regards to her family members undue involvement ,i can simply say that even supreme court shared your view of late in a matrimonial case but was help less to do any thing than passing a remark of condemnation of such a bad practice.
So unless society realizes it no better out come is possible.In this respect the society is passing with a transitional phase,in olden times marriages were treated sacraments ,a tie of seven lives,but now a days they are being considered only a contract. The concept PATIDEVOBHAV is lost some where gender equality,and female now do not consider it a life long tie,and their parent who were used to teach that husband and his parents are every one,now teach,how to take hold of husband ,how to ask him to neglect his parents,etc.The contrary is also equally true.
SO THE RESULT IS BEFORE US THAT MORE AND MORE MATRIMONIAL CASES,BE IT CIVIL OR CRIMINAL, ARE RACKING UP IN COURTS AWAITING FATALITIES.
WE NEED SOME SOCIAL REVOLUTION IN THIS RESPECT,LEGISLATION CAN ADD ONLY MORE INJURY TO SALT,BECAUSE THEY ARE BEING USED STRATEGICALLY TO WIN WAR OF MATRIMONY AND NOT TO REDUCE EVILS PREVALENT.
