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Shaikh Azhar (XYZ)     11 June 2018

Can we move an application u/s 340 crpc in appeal

Can we move an application u/s 340 crpc in Appeal, as appeal continuous case


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 2 Replies

Raghav Arora   12 June 2018

Hi! Thanks for the question! From what I can pick from the question that you put up is that you want to know whether you can move an application under section 340 of CrPC ( Regarding forged evidence being furnished by the opposite party) when an appeal is under process already ?

Yes, you can move an application under Section 340 of CrPC here. This application can be filed only in the court where the forged and fabricated documents have been used/misused  i.e - in case any forged and fabricated documents have been used in the appealate court, this application can be moved in the appealate court but in case any such document had been used in the trial court then the application can be moved in that court only. Please feel free to ask any further questions! Good Luck!

vijayakumar muppidi   12 July 2018

1.  She filed MC petition under HMA, in West Bengal.  But she is residing as an Indian Muslim in Andhrapradesh and she married me as per Muslim rituals in Andhrapradesh. Interim Order Rs.3000 rupees granted to wife.  Now, Can I challenge Interim Order under Sec.340 Cr.pc.  Here, wife is residing in two states with two different castes.  We collected her AP voterid, aadhar, ration card proofs and we got West Bengal voter id. Here, wife's family also residing in two states with two different castes.  Provide me the solutions how to Quash the maintanance case and how can I get Divorce?

2.  Can I summon my wife to produce her caste certificate or ID proofs Under Sec. 91 Cr.pc. in both states i.e., Andhrapradesh and West Bengal?

3.  If once the court grants Interim Maintanance to wife, based on these grounds can husband get Divorce?  If yes, kindly explain the procedure with petition formats.


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