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Mohammed Ali Sheriff (Engineer)     10 November 2011

Family court judgement-a doubt

 

One of the paragraph of Family court Judgement reads…..

Even when husband examined as PW1 can not deny the suggestion that his wife was given 75 sovereigns of gold ornaments by her father. In his own words :

I can not deny that my wife was not having 75 sovereigns of ornaments. I did not care it. I did not touched and seen it. I had seen one, but don’t know how much it is.

The underlined is direct translation of Malayalam. According to this judgement this paragraph proves to convict the case against husband. But the statement of husband(my son) is in his favour.  REQUEST FOR EXPERT OPINION 



Learning

 7 Replies

galsober@yahoo.co.in (def)     10 November 2011

If the judgment is out, appeal in higher court is the only answer.

gal

sridhar pasumarthy (ADVOCATE)     10 November 2011

Dear Sheriff,

I could not understand ur query.

what is the nature of proceedings you are referring to?  Is it a divorce case, partition suit, maintenance case.....

Mohammed Ali Sheriff (Engineer)     10 November 2011

Kindly clear the finding of Judge in this statement is correct or not.

Mohammed Ali Sheriff (Engineer)     10 November 2011

This portion of a Family Court Judgement is for combined petitions of two from wife and two from husband. MC (maintenance OP) and Ornaments OP from wife's side. Restitution and guardian OP from husband's side. The judge mentioned husband as PW(petitioner's witness) and wife as RW. Now the case is at HC for appeal.  I want to know that judge's findings on the statement of husband is correct or not.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 November 2011

Dear mohhamd ali

i think it is a case for 406 IPC and the judgement is right if you son could not deny the suggesstion, the court observation is right, if you are not satisfied then filed appeal before higher court


(Guest)

Aggrieved persons can always appeal.

Mohammed Ali Sheriff (Engineer)     11 November 2011

Yes, it is 406 IPC. I request for a clarification between my son's statement : my wife was not having 75 sovereigns (originally in Malayalam), and its reproduction in the judgement : his wife was given 75 sovereigns . In both the cases it is written: he can not deny


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