R.SHAH
07 December 2010 at 09:50
Dear all,
in my case my wife (who denied my muslim divorce) and obtain faourablr order in Conjugal rights suit of her prior to my divorce and after divorce 498a filed.
in conjugal rights she suceess in obtain interim injunction order on my flat(matrimonial house)i.e, not to disposses her and not to sold.
she also filed 125crpc for maint. and awarded the maint. from JMFC court as a legally wedded wife of mine, and also success in making my divorce was illegal and invalid as per law. and she was legally wife of mine.
I filed cri. rev. against JMFC order in session court and after 5 months my cri.rev. appln. she filed execution proceedings u/s125(3)crpc of maint. awarded in 125crpc.
during cri.rev.appln. in session court she appeared on 20/2/10 after i got stay in execution proceedings from session court. on 20/2/10 she filed affidavit and memo of address i.e i m legally wedded wife and staying at matrionial house of mine.during revision appln. many small order day to day was given upon my appln. for status quo of stay order on distress warant.
on may i filed written argument and she also filed wrtitten arguments and on june oral argumnts from both side and 22 june 2010 my rev. appln. came to be dismissed and JMFC court order was confirmed.
session court consider her on basis that, she deposed that she has not remairred yet and have further span of life, hence she has not remairred yet i confirm the JMFC order of maint. to respondents.
But, during this cri.rev. she got married on 27/02/10 but concealed this true facts and obtain the judgemnt in her favor. and executed the proceedings of recovery of arrears amount, which is then transfer to district family court (was established)and continued with that session court judgement for recovering arrears of stay amount and also issued distress warant on oct2010.
recently i came to know that she got remarried on 27/02/2010 and hide this facts before court i filed cancellation of maint. order in family court. after knowing this facts on very next date she file appln. in family court seeking recovery of arrears amount upto her married date (which is lesser amount other than recovery distress warant amount). i mentioned to judge after our filing of appln for cancellation maint.order and she informing after 9 months to the court between she has taken so many steps in proseeding.
she also get rejected my maintainablilty appln. of conjugal rights suit on grounds of divorce on march 2010 in civil court(s.d,) by opposing i m legally wedded wife and divorce was invalid. and on july 2010 she filed affidavit and deposiiton in-chief examination in civil suit for final hearing /evidence. and in this court on NOv2010 she admitted her remairred on 27/02/10. hre father was knowing all this facts as he also accompained with her in court for receiving maint. amount. during execution proceddings our matter is refered to mediation centre where also she doesn't disclosed her remarried and press for recovery of amount in arrears.
kindly advice me can i file private complaint against her, her father and mother. u/s 209 & 210& 417. as order was obtain by suppressing and concealment of true facts which amount to fraud and cheating with me.
if she admit divorce now on 27/02/2010 then why she not accept it on 08/12/2005 and carried out all cases on basis of legal wife. and obtain many favourable order into her favor.
is the 209,210 & 417 ipc are extracts the offence as per my say above.
and her parents are eqaully guilty for offence, bcoz all this facts were within there knoweldge.
kindly adivces to me and relevant IPC can be attracted. and yone have private complaitn fromat.
Mayuresh Gujar
06 December 2010 at 23:30
sir
if a person who issued cheque , give notice for "stop payment" to that person in which favour he issued post dated cheque.
and after receving that notice, that person, in who's favour cheque was issued, he misused that cheque and file 138 complaint
what is the chances for acquittal in favour of accused?
pls tell me very soon
Pankaj Kumar
06 December 2010 at 19:59
where both parties are appeared in Criminal Revision before H.C,The H.C directed if the proscution witnesses do not produce the before the lower court the evidence should be closed.WHAT IS THE NEXT APPOINTED DATE? (1) H.C ORDER DATE,OR(2) DATE OF RECIVING H.C ORDER IN LOWER COURT, OR(3) DATE OF FIXED LOWER COURT
Anonymous
06 December 2010 at 18:19
Dear Experts what section attracts of if somebody sex with deadbody of a women. Is it come under section of Rape or not.
Thanks in advance.
Anonymous
06 December 2010 at 14:04
What is the court procedure for preparation and service of summons? As per law does the complainant has any role in the preparation of summmons?If so relevant Act or rules in which the procedure is defined may please be intimated.
Member (Account Deleted)
06 December 2010 at 13:55
Hi Experts,
I got married in April 2008 & started staying seperately from December 2008 and then MY wife filed false FIR against me in Feb'2009 in Ghaziabad u/s 498A/323/504/506.
I took "Stay on arrest" from HC Allahabad and as on today, investigation has not begun, I have never been called in P.S. to give a written statement against the above said FIR.
Please guide me when would be the right time to file a petition in HC for quashing of the FIR.
As of now, DV & divorce cases are in progress, which we both are attending regularly in Delhi. She has filed for divorce and I have denied all the allegations and hence, I am refusing for divorce.
R.SHAH
06 December 2010 at 13:34
in 498a case.
the witness no.3 on whom the judge has imposed fine for causing harrasment to the accused person and not giving deposiiton, should pay fine to accused persons for there travelling. witness has given in writing on next date i will pay, but he remian absent on following three dates continued.
on last date also the witness doesn't turn up for deposition and judge has drop his witness and proceed fruther with otfer witness in the matter.
Query..
can i file written appln. contempt of court, not complied with order against that witness, before same court.
it's possible to me to give in writing to court to take action against the witness.
anyone pls. advice on this regards.
an any case law on this point.
thanks
Anonymous
06 December 2010 at 13:23
we are under a stay arrest from High court in a 498A, case and as per the order it says that the arrest of the petitioners is stayed until the mediation centre submits its report.
The mediation proceedings did not work as the other party did not attend the dates of mediation and mediation centre will be sending the case back to High court.
1.On the date of listing in High court will the stay of arrest vacate?
2. will we need to apply for regular bail in the local court?
3. Can the High court pass same day hearing orders as it has been noticed that sometimes the magistrates dont hear the bail plea on the same day resulting in arrest of the applicants?
4. Can the stay of arrest be increased upto filing of chargesheet by the High Court. As it has been seven months and charge sheet is not yet filed.
5.Will it be better to apply for applying bail when chargesheet is filed or before that. Is there a way that High court can extend the stay until chargesheet filing? as the other side may oppose the bail plea.
Please guide me.
MSC Shekar
06 December 2010 at 11:33
A Government Department has information regarding a revenue matter in two registers : Register A and Register B.
When in a Civil Suit, in the Written Statement they provide the information stating that the Plaintiff name is not in Register A without verifying Register B.
Here it is important to note that Government Department in the above information does not give clearly in writing that there is only one Register called Register A.
In this case concealment of information is clearly evident.
My question hence is "Whether concealment of information in the Written Statement amounts to Willful Perjury ?"
Kindly advise.
Thanks in advance
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