d.v. fact and burden
Querist :
Anonymous
(Querist) 14 November 2010
This query is : Resolved
who has the burden of prove wife has given false statement that husband is earning upto 30-35 thousand husband says his earning is 4-5 thousand only. court grant interim relief rs. 2000/- both the parties are in appeal in d j court wife demands 10000/- repeating the all false allegations and statements on oath, husband asked for stay order on such 2000/- by jmfc.
wife said husband did not given true income
now d j asked are your allegations are true?
wife said yes
d j asked if these will found false your along with your parents will be sent into jail.
wife said its written by lawyer and i did only sign.
d j crossed to her lawyer as u r a senior lawyer how did u filed such petition husband is already in appeal and given all information of wife allegations. u created a res judicata.
her lawyer prayed for withdrawals
d j asked husband what to do
husband said sir it should on merits and on whimsical withdrawals.
d j given next date for argument as both the parties still not given written reply
sir where wife admits that the statements written by lawyer.
what action is possible to such lawyer?
is it will be good to file a personal recovery suit for false statement has given tremendous mental tress? and the lawyer has miss guided the court to abuse the process of pure law.
if yes under what act and sect?
now what to do?
0
sir its wonder that in 498a
what is in court is different fir with different information but same serial number
what is attached in d v maint. claim is different information but the same serial number.
what is with charge shit its a different one is different information but the same serial number.
more over that what information given in d.v. statement is totally false and different than f i r.
it shows that wife has paid bribe to police to lodge such false complaint.
how may time wife can change her own statement?
what action is possible against police and wife?
out of which two f i r are place before jmfc in d v case
questions is that how many copies are to be made by police?
where at the end of each f i r wife sings and said its all true as per my belief and knowledge and written as per my said information.
my lawyer is silent about all f i r and confused but saying that lets watch what the court think. is my lawyer playing properly?
Devajyoti Barman
(Expert) 14 November 2010
If the dj has rightly understood your case then what is your worry. Let the case be disposed of on merit with the note that the appeal was fled on false statements as admitted by the wife.
Given the unusual conduct of the dj, I am curious to know the details of the court.
