498a wife cross

1.Yes

2.No

3.Lawyer is right

4.Lawyer is right

Originally posted by : Ravi
	in 498a case from wife, wife's private complaint & chargesheet are same but her chief affidavit before the court is different from them.

 

This is a very good ground of perjury.

 

1. Yes. If she filed 313 CrPC then you also should file perjury. Why did not you file?

 

2. No, since no work history highlighted.

 

4. Lawyer is right.

 

5. Please make petition u/s 311 CrPC read with Indian Evidence Act to obtain permission. 

 

Please see my profile links for sample petition and other clues.

I beg to differ from other experts here.

 

RTI Reply is not an evidence in itself. PIO/ CPIO needs to be called as witness to prove the facts stated in the RTI Reply. Hence my replies would be as follows:

 

1. You need to call PIO/ CPIO as witness during defence evidence to prove that she was not working. However, does this has any bearing on the merits of the case? If there is none, just to prove her conduct you want to call the PIO/ CPIO as witness?

2. You should not produce the said RTI reply, as it would prove that she was not working or employed and would hurt your chances of getting low/ no maintenance order.

3. Your lawyer is right. This document has no bearing on your divorce case unless her lie before marriage has some basis in divorce.

4. Only in Divorce case, you would need permission of the court to produce these evidence. All other places (in Criminal Cases), these Audio/ Video evidences can be produced as electronic evidence. For the same an affidavit u/s 65B of Indian Evidence Act need to be given alongwith transcriptt and with the original media in which the audio/ video was captured.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

Thank you Shonee sir. your answers actually englightened me. thank you so much. one last question. if divorce court judge disallows my electronic evidence, do i still have the right to produce them in 498a/DV case? or is it automatically rejected there also?

@ Ravi @ Rockysmith,

 

Divorce cases would run as per CPC and not as per CrPC. Hence CrPC has no application in Divorce Case.

 

Now coming to your query @ Ravi,

 

In 498a/ DV cases you can produce the electronic evidence to prove your innocence. The recordngs would be admissible strictly as per the rules of electronic evidence. For your knowledge, I would like you to go through the below links.

 

https://www.legalservicesindia.com/articles/trc1.htm

https://www.sahodar.in/divorce/use-of-electronic-evidence-in-matrimonial-dispute/

 

And why the same may require permission of the court is available at:

https://www.sahodar.in/topic/delhi-hc-issues-guidelines-for-using-conversation-email-chat-in-family-dispute/

 

Hope that clears your doubts. In case, you still have any queries, feel free to write back

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

 

PS: Hominem unius libri timeo

Thank you Shoneeji.

the audio recording that i have is the voice of my 498a wife, her parents. all of them were shouting and screaming and abusing me and my family memeber. they screamed continuously for 4 hours durations. i kept silent and recorded the whole galata.

since all of were shouting and screaming at the same time, my lawyer says the audio is not having any clarity except few places where my 498a wife talking and that'd go against her as the cruel behavior and that can help me in divorce case.

in such cases where voice and sound not clear, how do we prove the judge that they are talking nasty about me and my family for 4 hours continuously?

Originally posted by : Shonee Kapoor
	@ Ravi @ Rockysmith,   Divorce cases would run as per CPC and not as per CrPC. Hence CrPC has no application in Divorce Case.

 

@ Shonee Kapoor,

 

Please look CHAPTER XIX (MISCELLANEOUS PROCEEDINGS REQUIRING JUDICIAL INQUIRY. ) of civil manual.

 

Miscellaneous Judicial Proceedings (CrPC) that required judicial inquiry can be filed in the civil courts also and the judge has power to transfer the same to the trial courts having jurisdiction.

 

Example: - As we can file CrPC 91 & CrPC 340 againt sec 24 HMA in the family court itself.

 

@ Ravi:

 

Understand it like this. I lost the phone having recordings; I can not produce it. The evidence is wasted.

 

If the voice is not clear. Clarity and Cohesiveness is not there, making court accept it would be an uphill task. Your lawyer has heard the recordings, so he is the best person to judge and advise you about its admissibility.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

@ Rockysmith:

 

I don't think CPC has any chapter XIX, it does has Order XIX, but that concerns "Affidavits" and not about Misc Proceedings regarding Judicial Enquiry.

 

CrPC 91 has no relevance in CPC. If any document has to be called and the same is in possession of either of the parties, interrogatories under Order XI can be served. And if the document has to be called from any other party; Witness can be summoned under Order XVI. The applicability of Interrogatories u/s 24 HMA has found faith with Delhi High Court too in Kusum Sharma Vs Mahinder Kumar Sharma too. This judgment was later circulated to all family courts of Delhi for compliance. The Court has noted

19.14 If a party has made concealment or false statement in his/her affidavit, the opposite party shall disclose the particulars of the same in his/her response on affidavit along with the material to show concealment or false statement. The aggrieved party may also seek permission of the Court to serve interrogatories and seek production of relevant documents from the opposite party under Order XI of the Code of Civil Procedure.

 

CrPC 340 again has nothing to do with CPC. It is a procedure adopted by any court in the event of any OFFENCE affecting administration of Justice. Offence means penal charge and hence regardless of the same happening in any court of law would be dealt under CrPC. Please note that under CrPC 340; the court sends the case to another trial court, as it cannot decide on offence against itself. I don't see any applicability of this section in evidence, which has to be summoned and taken in front of it.

 

Civil Court also has powers of sending people to custody/ punishments. But that is a different topic altogether.

 

Hope that clarifies the point. If you have any other material, we can carry on this academic discussion. 

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

@ Shonee Kapoor,

 

It is written in Civil Manual CHAPTER XIX.

 

CHAPTER XIX MISCELLANEOUS PROCEEDINGS REQUIRING JUDICIAL INQUIRY. 337. (i) Under the head Miscellaneous Judicial Proceedings are included all proceedings are enquiries of a judicial nature which do not form part of the proceedings in a suit or darkhast or appeal pending before the Court.  (ii) The expression includes :­ Proceedings under section 148­A of Civil Procedure Code, read with rules framed by the High Court under section 122 of Civil Procedure Code.   Proceedings of Applications under section 39, read with rule 22, Order XXI of Code of Civil Procedure, for transfer of a decree to another Court for execution.  Proceedings under Regulation VIII of 1827. Proceedings under section 83 of the Transfer of Property Act ; Proceedings of judicial nature under the Guardians and wards Act; including under the Hindu Minority and Guardianship Act. Proceedings under section 340 and 345 Criminal Procedure Code. ( This is not explained by Mr. Shonee Kapoor above )Proceedings under Order IX rules 4, 9 and 13 Civil Procedure Code. Proceedings under Order XXI, rule 2 to certify a payment when there is no darkhast pending; Granishee proceedings under rules 46­A to 46­I in order XXI of Code of Civil Procedure, 1908 for attachment of debt under Rule 46(i). Proceeding under Order XXI, rules 58, 97 and 99 Civil Procedure Code. Proceedings on application under Order XXI, rules 89 and 90, Civil Procedure Code, to set aside a sale; Proceedings under Order XXXIII, rule 2, for permission to sue as an indigent person. Proceedings under Order XLI, rules 19 and 21 for readmission of a dismissed appeal or under Order XLI, rule 21, to re­hear an appeal decided ex­parte. Proceedings under section 24, Civil Procedure Code for transfer of suit, appeal or any proceedings etc. Proceedings under section 144, Civil Procedure Code for restitution etc. Proceedings under section 5 of the Indian Limitation Act; Proceedings under the Provincial Insolvency Act; Proceedings under Indian Succession Act, XXXIX of 1925. Proceedings under section 24 of the Bombay Money Lenders Act; Proceeding under section 47 of the Bombay Agricultural Debtors Relief Act; Proceedings on applications under Special Acts; And other proceedings on application in which relief is asked against a person not a party to suit or proceedings. 338. The instructions as to suits contained in this Manual apply, in so far as they are applicable, to all miscellaneous proceedings requiring judicial enquiry. All such applications requiring judicial investigation should be verified in the same manner as plaints. 339. All these applications must be registered in the following form : Register of Miscellaneous Applications requiring judicial Enquiry for the year  19    Date of presentation No. of petition Name of Petition er and Opponant. No. of Suit, Appeal etc to which Petition refers Nature of the Petition Date fixed for disposal Date of actual disposal Substance of the order passed Date of Appeal if any Decree in Appeal and date  Steps taken for execution with results thereof. 1 2 3 4 5 6 7 8 9 10 11 Note : The entries in this register should be as concise as possible. 340. A roznama or diary of these proceedings should be kept s in the case of suits. 341. The Courts may make use of the provisions of Order XIX of the Court of Code of Civil Procedure regarding affidavits. ( This is explained by Mr. Shonee Kapoor above carefully )

Civil Manual is based on state Rocky. Bombay Civil Manual would be different than Gujrat Civil Manual.

 

Also, whatever you have stated does not make it a proceeding under Criminal Procedure Code.

Originally posted by : Shonee Kapoor
	Civil Manual is based on state Rocky. Bombay Civil Manual would be different than Gujrat Civil Manual.   Also, whatever you have stated does not make it a proceeding under Criminal Procedure Code.

 

Are you meaning that civil cases does not required any judicial enquiry for some state?

People have right to commit perjury in civil cases for some states?

There is no word like Miscellaneous Proceedings in law?

 

@ Mr. Shoone Kapoor,

 

I have already shown lawful document to forfeit my statements.

 

Please show us lawful document to forfeit your statement; else we will consider that these statements are not lawful. 

hi Shonee and Rocky,

Please look at this topic about my 2nd querey. i filed TEP for the second time and RTI reply received as denied due to personal information that cannot be disclosed. Please provide your valuable inputs there.

 

https://www.lawyersclubindia.com/forum/Second-time-filed-tep-128556.asp