Petition under Section 62 R/W 482 of Cr.P.C
Suresh Babu Rai
(Querist) 21 January 2011
This query is : Resolved
Namaskaram (In Telugu) !
Sir!
In a 494 complaint pending with the JMFC Court, in which I am defending the matter on behalf of Accused, the petitioner/Complainant has filed a petition under Section 62 R/W 482 of Cr.P.C praying the court to handover the summons to her personally or to her counsel, if it is so there is every possibility to forge the signature of the A2, who is alleged to have been married with A1(during the subsisting the first marrige between complainant and A1)who is not residing with A1 in the address mentioned by the complainat, I have to file a counter for the said petition. Is there such provision to do so ? How I am contest the same with my counter ?
Thank you to proceed wtih the query !
abhishek
(Expert) 21 January 2011
YOU ARE THE ACCUSED U/S 494 AS PER YOUR INFORMATION, AND YOU ARE STATING THAT YOU ARE NOT MARRIED TO ANOTHER WOMAN AND YOUR WIFE/PETITIONER FILED CASE AGAINST YOU. IN SUCH CASE THEY HAVE TO PROVE THAT THE A2 IS RESIDING WITH YOU, MERE AVERTMENT IN THE PETITION IS NOT ENOUGH AND SERVING OF SUMMONS IS ALSO NOT ENOUGH, THEY HAVE TO PROVE THE EXISTENCE OF MARRIAGE AT THE TIME OF FIRST MARRIAGE.
AND IN COUNTER IF YOU WANT TO LIVE WITH HER YOU CAN FILE U/S9 FOR RESTITUTION AND IF DO NOT WANT TO RESIDE WITH HER YOU CAN FILE FOR DIVORCE ON GROUND OF CRUELTY AS ALLEGING FALSE ALLEGATION U/S 494
Ajay Bansal
(Expert) 22 January 2011
You will recive the summons on behalf of your client by doing your signature.So there is no forgery or any other wrong.High Court will allow said application of complainant.
