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need 340 crpc reg...........

(Querist) 21 May 2011 This query is : Resolved 
Dear sir,
My wife has filed maintenance under sec-125 crpc for minor child and her.During Pw-1 and DW-1 she has given false evidences and FIR copy(498,523,3/4,506,)has submited as evidence.
During 125 crpc Pw-1 she has given statements that i had come to my sasural along with my brother on motorcycle( which i have chargseeted on this sentence but i got proceedind and arest stay in High court lko).Which is totly contradictory PW-1 in 125 crpc mentinence.Apart this contradictory PW-1 evidences, I also collected many documents through RTI regarding medical report and doctors's statements etc.
My query is that

1).I have filed 340 as counter case but after admitted and argument magistrate has dismissed or Kharij the case,with any given the opertunity in order sheet, due to absence by me with continouse two peshi. pl. advise me
1. what shuld i do..
2.Is there any remedy to file fresh as second 340 application in same court
3. can i file 341 and where it will file...
Pl.suggest me. thanking u for valuable suggestions.....
Devajyoti Barman (Expert) 22 May 2011
Do not repeat the same query.
Sarvesh Kumar Sharma Advocate (Expert) 22 May 2011
repeted query alredy answered!
Guest (Expert) 23 May 2011
Dear Harish,
A judge cannot be expected to wait indefinitely if any party does not care to attend hearings. He can also not be considered as biased for the fault of the party to the case. Don't you think your absence was a fault of the judge and not of yours?

Non-appearance on hearing dates, itself, denotes that you did not want to contest the case. Then why to blame the judge

Now the only remedy to your problem is to adhere to the advice of the experts and act accordingly. Any theoretical approach may not help you.


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