Dear Experts, kindly help to solve unique issue :
Wife gets favored judgment in 125 CrPC which gets challenged in Hon'ble High Court. High Court issued notice (including petition copy); accepted by wife. She filed Vakalatnama of her advocates in High Court on 30-8-2016. After wards, she filed divorce case u/s 13 HMA, on 26-11-2016. Husband appeared but unfortunately on two successive occasions, became ex-parte due to his presence on fixed at High court on that day(s). Now, wife expedited that impugned judgment passed in 125 CrPC as her evidence in her divorce case along with police Challan u/s 498-a IPC that were submitted before Judicial Magistrate court which is still pending at Prosecution stage. Wife hided the fact that impugned judgment passed in 125 CrPC is still pending at Hon'ble High Court where she is contesting the same, whereas, 498-a IPC case is pending at JMFC.
Now the Principal Judge passed Ex-Parte Judgment against Husband clearly on the basis of wife's expedited judgment passed in 125 CrPC and on the basis of police Challan u/s 498-a IPC submitted before Judicial Magistrate court and granted ex-parte divorce to wife u/s 13 of HMA.
Now the wife used this Ex-parte divorce judgment along with family court judgment passed in 125 CrPC (which is still impugned at High Court) to withdraw Domestic violence case against husband, his father and sister; on the basis that she is getting maintenance from family court and got divorce also from husband. Court accepted her withdraw application and dismissed her DV case shown as 'Dismissed as satisfied'; without hearing husband or his advocate (due to urgent hearing application moved by wife). It is important to mention hear that in DV case, where wife hided her employment details and got interim maintenance (on the basis of her unemployment) for five continuous years gets reveled through RTI before the court by Husband and the Court was about to decide an application of husband for summoning the Chairman of said Institute where wife has been employed. Just to protect her wrong's, she withdraw DV case on the basis of Ex-parte judgment passed in divorce case and impugned judgment passed in 125 CrPC case (challenged at High Court).
Sir, husband now applied to family court for recall of ex-parte divorce judgment u/s O-9 R-13 CPC, accepted by court noticed issued for wife.
Sir, my questions are as follows:
1). Can a judgment which is challenged (impugned) at High Court be used by wife as her evidence before court of law (when wife is still contesting case and knew that it was impugned) ? If yes, under which act or clause?
2). Can Ex-parte judgment passed in Divorce case and impugned judgment u/s 125 CrPC; pending at High court be used by wife to withdraw DV case without hearing the husband by the Court ?
3). Can a DV case shown as 'Dismissed as satisfied' be re-opened by the wife's application if Ex-parte Divorce judgment get recalled by family court and impugned judgment passed in 125 CrPC gets quashed by High Court? If yes, kindly describe procedure and legal section of doing so.
4). Can a criminal case can be filed against wife for misleading the court's, playing fraud to the court and getting favored judgment along with withdrawing DV case when her employer gets called? If yes, at which court?
Please reply urgently, it’s just needed
With Best Regards,
DVK
