Interruption dv proceedings
Sultan
(Querist) 14 May 2012
This query is : Resolved
1. DV Case against me is subjudice in Court for more than a year. Its remote town.
2. Meanwhile I have filed complaints against illegal activities of my inlaws , after my complaints various Govt. Officers have taken action on them.
3. DV case is at my wife's Cross Stage, in last date the examination chief was just about to begin the wife's Adv. interrupted and started arguing that I am misusing RTI Act 2005, I am harassing the whole Family of my wife by filing false complaints to various govt authorities, her adv than asked court time to file Affidavit & my complaints in court,
On that my adv. told me let him file documents and then will check it out and include in our cross examination, my adv. told if today we cross at later stage we cannot cross on documents filed by her advocate so better we wait for it.
Hence Court was adjourned and next date they are going to file complaint and Affidavit.
Some Background:
1. My wife doesn't stay with her parents she stay 25 kms away from there residence.
2. All my complaints pertains to place A (commercial property of my in laws & others)
3. On my complaints Govt. dept. have taken actions.
Query:
1.Complain against illegal acts of my in laws does have any connection with DV case.
2. In my view this is leading to waste of Court time and misguide.
3. Can those complaint be produced in court.
4. Can those complaint be marked as exhibit.
5. I have two citation on Right to complaint :
Any person acquainted with facts may make complaint whether he is aggrieved/dissatisfied or not
except where the code makes special provision for making complaint.( Gajraj v. Emperor, 37 Cr LJ
56 :AIR 1935 ALL 938; see also M.M. Maternity etc. Const. Committte v. Raj Muthu,
1978 Cr LJ 1360.)
Further, complaint may be filed even by person who has not a personal knowledge
of the facts stated in complaint.(Suresh Chandra Dev v. Emperor, AIR 1920 Pat 163.)
6. Does court have right to consider my complaints against my in laws technically. since proceedings under DV Act is in progress.
7. What arguments to put forward in order to avoid further delays in proceedings.
8. Citations/ Judgements/ inputs welcome & appreciated. Thankyou.
ajay sethi
(Expert) 14 May 2012
the complainant advocate basically wants to file these documents to show your vindictive nature .
on account of Dv case filed by wife you have lodged complaints against your in laws to harass them .
the objective is to gain sympathy of the court and paint you a villan
Sudhir Kumar, Advocate
(Expert) 14 May 2012
The said complaints appear to be genuine as you said that authorities have taken action and the behaviour indicates that they are going on receiving ends.
As advised by Mr Sethis they may by introducing these complaints try to show you vindictive. On the same time they themselves expose themselves before the court and also provide you more material for longer cross-examination. It is they who are filing the affidavit before cross-examination examining very little as to how much help they may be giving to you.
As far as delay is concerned, please do allow them to expose themselves and provide you more material to defend.
The criminal court cannot adjudicate the complaints which are in the domain of other authority.
Sultan
(Querist) 14 May 2012
"criminal court cannot adjudicate the complaints which are in the domain of other authority"
good info, can be handy if you can provide me with some sections or case laws on it.
Shonee Kapoor
(Expert) 14 May 2012
Such things can keep on happening. Don't worry about it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 15 May 2012
Further taking help of RTI to get information of an irregularity and then complaining to the appropriate authroity and the said authority finding the matter worth taking action, is the best use of RTI and not at all a misuse as alleged to be against you.
In order to prove what is "misuse of RTI" they hae to wash their dirty linen in public. Welcome them to expose their illdeeds before the court.
