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Queries Participated

Shantanu Wavhal   29 August 2014 at 10:49

Crpc341 appeal = civil / criminal ?

in HMP filed by me respondent wife gave false evidence.
i didnt file crpc 340 application in Trial Court.

she lost the case and filed first appeal.

i gave crpc 340 application in the First appellate court. The court refused to file complaint.

the HMP and the First appeal were decided in my favour - my marriage declared null and void.

now i have filed appeal u/s CrPC 341
i have filed this appeal as a CRIMINAL APPEAL.

i m realizing that - the appeal should be a CIVIL appeal & not Criminal.

QUERY :

1) if civil court refuses to act u/s 340, then the appeal u/s 341 will be civil / criminal.

2) since i have already filed criminal appeal, what is the remedy now ? (amendment / withdrawal & filing again to civil side)




quick references :

341. Appeal.

(1) Any person on whose application any court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 340, or against whom such a complaint has been made by such court, may appeal to the court to which such former court is subordinate within the meaning of sub-section (4) of’ section 195, and the superior court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint or, as the case may be, making of the complaint which such former court might have made under section 340, and if it makes such complaint, the provisions of that section shall apply accordingly.


crpc 195

(4) For the purposes of clause (b) of sub-section (1), a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from appeal able decrees or sentences of such former court, or in the case of a civil court from whose decrees no appeal ordinarily lies, to the principal court having ordinary original civil jurisdiction within whose local jurisdiction such civil court is situate:

Shantanu Wavhal   20 June 2014 at 18:13

Separate complaint of ipc 417 while crpc 340 is pending

I have filed IPC 494, 417, 109, 34 - Private Complaint (say : 1st complaint) against illegitimate wife + 6
all accused appeared in court.

the accused as well as sureities submitted false evidence, documents, information, affidavit in court.

i have already filed CrPC 340 application.

my arguments for this application over.

no order passed till now on this application

i.e. this application is still pending.

now I have filed separate complaint u/s IPC 417, 109, 34 (say : 2nd complaint) as the 6 accused and 2 sureities have cheated the hon. court.

Kindly enlighten about the maintainability of the 2nd complaint ...

i m pursuing both the cases party in person

Shantanu Wavhal   12 February 2014 at 16:11

Bombay regulation act - applicable to muslims ?

1) Whether Bombay Regulation act and its provisions for Heirship certificate are applicable to Muslims?

2) Whether the Heirship certificate is revocable as like succession certificate?

any judgement?

Shantanu Wavhal   01 February 2014 at 23:52

Appellant is not advancing final arguments

my petition under HMA sec. 11 r/w sec 5 (i) allowed.

marriage declared null & void.

wife failed to prove that her earlier marriage was dissolved as per custom.

she filed appeal.

R&P, paperbook etc. formalities completed.

the case is for final hearing.

Bombay HC directed the District court to conclude the appeal as per sec. 21 B.

appellant is NOT ADVANCING FINAL ARGUMENTS

all the time they keep telling this / that reason to delay the case.

kindly suggest remedy.

Shantanu Wavhal   02 December 2013 at 00:09

Bail cancellation - accused may (infact, threatened to) commit suicide.

i m looking for a ruling whereby ....

court has cancelled the bail of accused ...
on the ground that -

The accused may commit suicide if enlarged on bail.

kind request for rulings


FACTS :
i have filed IPC 494, 417 on wife & she is on bail.

marriage already declared void u/s 11 & 5(i) - my civil petition is allowed.

after this judgement, wife filed written application in police station and wanred to commit suicide.

so i want to say in IPC 494 case that :
if her bail is not cancelled, she may harm herself / commit suicide & I wont be able to pursue the IPC 494 case.

kind request for authorities on this topic.

Shantanu Wavhal   20 August 2013 at 18:02

Application for prosecution - maintainability in 1st appeal

I filed HMA sec. 11

Resp. wife lied in Trial court 3 times.

I bought this to the notice of Trial court in my Written Arguments.

I did not file any application for prosecuting her. (as it would have delayed the trial)

Trial court, in its judgement, did not record any findings to this point.

My application allowed – marriage declared null & void.

Wife filed appeal in District Court.

In this appeal case, I filed application to prosecute her for lying in Trial Court.

Opponant lawyer objected wrt. Maintainability of this application.

Is my application for prosecuting the opponant (for lying in Trial Court) is tenable in First appeal ??


Kind request to provide rulings in this regard.

Shantanu Wavhal   15 June 2013 at 00:48

Wife lied in civil court - remedy after trial concluded ??

i filed hindu marriage petition in dec. 2011

wife appeared on 22 / 02 / 2012 & filed following 2 documents

1. application stating that she is PERSONALLY PRESENT in court and filing vakalatnama. & requested for more time to file WS. (this documents bears sign of wife & her 2 lawyers - date = 22 / 02 / 2012)

2. she also filed Vakalatnama (this documents bears sign of wife & her 2 lawyers - date = 22 / 02 / 2012)

on 23 / 08 / 2012, i filed 1 document that i got through RTI.
it states as :
wife is Govt. Servant & she was present at her office on 22 / 02 / 2012.

distance between court & her office = 250 km.
so, it is impossible that she was present at both the places on the same day.

full fledged trial concluded in April 2013 -
my application allowed -
my marriage with this lady declared null & void on the ground that her first husband is alive and their marriage is still subsisting.

though I brought the fraud played by wife to the notice of court with documentary evidence, there is NO MENTION AT ALL about it in the judgement.

now, wife filed appeal.

i want to file perjury / IPC 191 / 192 / 193 / 196 / 197 / 198 / 199 wrt the above mentioned point.

1) what is the remedy available to me ?
2) can i file such complaint / case after the case is concluded ?
3) where to file ? in which court ?
4) will such action be maintainable ?

Kindly guide.

Shantanu Wavhal   05 May 2013 at 19:46

Appeal period counting

25 / 04 / 2013 -
my petition u/s 11 of HMA allowed. Marriage declared null and void

26 / 04 / 2013 -
myself as well as wife's advocate filed application for certified copies (judgement + decree)

04 / 05 / 2013 -
certified copies ready for delivery

04 / 05 / 2013 - (Saturday)
last working day before Summer vacation.

i collected my certified copies on 04 / 05 / 2013

wife's advocate didnt collect his set of cert. copies

he is saying that he will collect the same after vacation

appeal period = 90 days.

these 90 days will be counted from 04 / 05 / 2013 or the date on which wife's advocate will collect his copies SOMETIMES in future after summer vacation ??

Shantanu Wavhal   08 October 2012 at 20:53

Ipc 494, 109, 417, 34 and sec. 11 of hma

I had filed private complaint at hon. JMFC court.

Taking cognizance of the offense, Process is Issued. Process fees is also paid by me.

hon. JMFC issued summons for my VOID wife & 6 other accused (her relatives) p/u/s 494 r/w 109 & 417 r/w 34.

Upon enquiry in the office of the court, I came to know that the summons are already sent by post on 24/09/2012.

Next Date = 22/10/2012.

Queries :

1) Is this summons sent directly to the postal address of the accused ?

OR

Is this summons sent to the police station / court of their jurisdiction & police / nazar will serve the summons to the accused ?

I am sure that the accused will try to avoid accepting the summons & delay the proceedings.
2) What remedy do i have if the summons are un - served till next date (22/10/2012) ?

3) Is there any way by which I can check the Service Report of the Summons ?

4) What can be done to expedite the process of serving the summons ?
(eg. in sec. 11 case, i had filed application to send the summons by RPAD so as to achieve rapid delivery of summons.)

5) What are the next stages after the summons are served ?

PS :

Sec. 11 also filed by me in hon. CJSD court in Dec. 2011.

Hon. HC has ordered to expedite the case and dispose off the case within next 6 months.

Issues are framed in sec. 11 case on last date.

I am told that - I am supposed to file my evidence affidavit on next date. But I want to suggest 1 additional issue.

6) So, is it OK if on next date, I file my evidence affidavit along with an application requesting the court to add the additional issue ?


I am also told that - I am NOT supposed to file list of witnesses.
7) Is this version correct ?


I have no words to say Thanx to LCI family.

Shantanu Wavhal   19 August 2012 at 20:32

494 - jurisdiction - for 2nd husband (aggrieved person)

Should I file IPC 494 in the district where my marriage was solemnized ?

or

can I file 494 at the District where I am residing permanently ?

the place of marriage is in different district & is 100 km. away from my home-town.



facts :
I am the husband.
my wife was married earlier.
she married me w/o taking divorce decree from her 1st husband (who is alive). They prepared Registered divorce deed only.



The Code of Criminal Procedure, 1973 (CrPc)


182. Offences committed by letters, etc.


(1) Any offence which includes cheating deception .......

(2) Any offence punishable under section 495 or section 494 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage 1[or the wife by first marriage has taken up permanent residence after the commission of offence].

1. Ins. by Act 45 of 1978, sec 15 (w.e.f. 18-12-1978).