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Raj.K (Manager)     03 July 2012

125 maint & 498a case action based on dv judgment

 

Hi,

 

My xwife had 498a/506/DP4&6 case + 125Maintenance case + DV case on me, my parents and brother (there are few contradictions in her own allegation in her own statements). And she submitted false affidavits also saying she has no job/no source of income and we have all proofs of her job procured with fake experience and working as unmarried.

 

DV case – magistrate initially removed parents and brother from respondent list (no reason given on final judgment for this which I guess no grounds on them as they live in different city). And case went ex-parte as I could not get any notice as I am on work deputation to different city. But thank to God and the well learned lady magistrate who dismissed all her prayers and DV petition on grounds of no jurisdiction and no valid reason to grant any of the exorbitant prayers to extort me in my absence.

 

My queries…

 

1)       125 Maintenance case - Came to know recently there is also 125maint case pending long time where she made similar prayers as in DV case. Same allegations as in DV and 498a cases. Pending long time as on this case only I am the respondent so no information/notice to my parents/brother. NOW CAN my parents/brother submit a counter as third party with judgment copy of DV case asking for dismissal of this case also? can they counter as thirdparty as allegations were levelled on them also?

 

2)       Can my parents/brother file perjury for xwife’s false affidavit where she is saying she has no job in the 125Maintenance case as third party?

 

3)       DV case is dismissed 3months back. Can my parents/brother file perjury for false affidavit on DV case now to the same court or any court as third party? They were initially listed as respondents on this case.

 

4)       Can the judgment of DV case help in 498a quash also as it got dismissed on grounds of jurisdiction?

 

 

 

Thanks & Regards

 

Raj



Learning

 4 Replies

Raj.K (Manager)     07 July 2012

Any expert responses please on this queries? Thanks.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     07 July 2012

1. If she is working and you have some proof. File CrPC 91 application  as well as CrPC 340 application for call of records and perjury simultaneously.

 

2. Only one petition of 340 can be filed.

 

3. No.

 

4. No. The grounds need to be independent for 498a quashing.

 

 


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
4 Like

Ramesh (student)     06 November 2012

Dear Sir, The same case is with my friend which is yet to be decided. will you please post or send the full case of dv matter to me for quoting the same in his dv case wherein his father mother and sister has been roped.my mail id is myngone@gmail.com thanks

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 November 2012

Ramesh,

 

Search www.indiankanoon.org

 

You would find some judgments which state that unless the parties shared a domestic relationship, DV can not be filed against them.

 

1 Like

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