Dv case and falsity

navin (Querist) 23 December 2011 This query is : Resolved
Respected all,

Advocate of wife was constantly demanding order on Distress warrant despite appeal is pending in the session court.

merits are present in records but today on my date magistrate passed order for distress warrant and continue appeal.

can I appeal in Session court against order passed ? it is just harassing intentionally,

or any otheer remedy present in the matter for safety when wife received Interim maintenance on false affidavit.

not even asingle evidence submitted by her but mere falsely stated huge income in affidavit and received interim.

plz guide, thanks in advance

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Shonee Kapoor (Expert) 23 December 2011
Has any stay been granted by Session Court. If not, the MM is empowered to issue distress warrants.

I empathize that there might be a false affidavit and no evidence, but that is not seen while deciding interim maintenance.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Nadeem Qureshi (Expert) 23 December 2011
Agreed with Mr. Kapoor

Advocate Rajkumarlaxman (Expert) 23 December 2011
prove your payment and objection statement be filed against the Interim Order Application or file for review of the order if you can show that the statements made in affidavit are false and can be perfectly proved to be wrong.

prabhakar singh (Expert) 24 December 2011
agreed with Mr.Shonee Kapoor

neeraj chawla (Expert) 24 December 2011
File a case u/s 340 crpc for giving false affidavit if you think you have strong grounds to prove your point
Neeraj Chawla
Advocate

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