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bombay hc fines wife rs 10k for lying in divorce case

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MUMBAI: Not being truthful while explaining a delay in challenging her divorce has cost a woman dear in the Bombay high court (HC). Justice Roshan Dalvi directed Mumbai resident Seema Patil to pay Rs 10,000 as damages to her husband Ajit for filing an application to condone the delay by giving false reasons.

The judge set aside a family court order refusing to condone the delay, but said it would be subject to "payment of compensatory costs by the wife to the husband in view of her initial false case". The HC said if Seema paid the amount within 14 days, her plea against the divorce would be heard by the family court. "If the costs are not paid, the petition will stand dismissed and the decree of divorce will be confirmed," Justice Dalvi added.

The court said the manner in which the family court dealt with the case, giving it an elaborate hearing, was "incorrect".

"An application for condoning the delay, whether of 10 or 14 days, does not deserve evidence to be led, issues to be framed, precedents to be considered, reasons to be given and judgment to be pronounced in the detailed manner that the (family court) judge has done, given the enormous arrears of petitions pending in the family court," the HC said.

Ajit had obtained an ex parte divorce from Seema in June 2007. She filed an application before the Bandra family court against the divorce order and urged the court to forgive the delay in filing the application as she came to know about the order only in June 2009. But the court, on the basis of evidence, found out that Seema would have been made aware of the divorce verdict as early as April 2009. The family court judge dismissed her application, following which Seema moved the HC.

The HC said that while the family court was right in holding that Seema's pleas were false, the procedure to decide an "innocuous" application seeking condoning of the delay was wrong. The HC reminded the family court judge to follow not only the letter of the law (family court act), but also its spirit.


Source:  
Bombay HC fines wife Rs 10k for lying in divorce case - The Times of India http://timesofindia.indiatimes.com/city/mumbai/Bombay-HC-fines-wife-Rs-10k-for-lying-in-divorce-case/articleshow/7518189.cms#ixzz1EJ7b4nTD


Total likes : 2 times

 
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Adv P & H High Court Chandigarh

It is a gud decision.
 
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Advocate

True it is a good Judgment.

 
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Self Employed

Bas Rs.10,000???

 

When will India learn to impose "HEAVY FINES" as in other advanced countries like Singapore,Dubai and so on?

 

Then only people will think twice before breaking any law.Ain't it?

 

Just recently I read that urinating in public will attract a fine of Rs. 100/-.

 

Oh my God!   Rs. 100??

 

If Ajay Devgan urinates on a road,will he take this fine seriously?

Or even a middle class man?

 
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Self Employed

Bas Rs.10,000???

To isme news wali kya baat hai?Aisa kya heavy fine hai,jo news me aa gaya?

 

 

So,will India learn to impose "HEAVY FINES" as in other advanced countries like Singapore,Dubai and so on?

 

Then only people will think twice before breaking any law.Ain't it?

 

Just recently I read that urinating in public will attract a fine of Rs. 100/-.

 

Oh my God!   Rs. 100??

 

If Ajay Devgan urinates on a road,will he take this fine seriously?

Or even a middle class man?

 
Reply   
 

Yes, meenal very well said 

I india many laws are not updated ,as todays money reupees values 

But our indian govt should not have concern about it thay all are busy in other activities.

Whatever we do we feel with good faith and for the healthy society ,these are all our belief and thoughts ,suggestion  but our indian govt are very busy ,vey busy

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

AS PER MY VIEW SHE SHOULD BE PUNISHED BY SENDING HER BEHIND THE BARS BESIDES IMPOSING FINE UPON HER AS TODAY MONEY HAVE NO VALUE FOR SUCH TYPE OF PEOPLE.

 
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Unemployed

What does the HC judgement mean?

 

 

Does it imply that ex-parte divorce decree winner was NOT supposed to challenge the set-aside application by wife?

 

 

Husband must have contested the set aside plea by wife.

That's why judge might have given an elaborate chance to wife to prove the genuinity of her condonation excuse.

 

This has underlined that 'ex-parte' decrees arediscardable by paying fines.

 

 

Husband should have remained absent for the 'this set-aside trial in HC' and he could have challenged it in second appeal !!!!

 

 

This citation has created a big business '1. ex-parte, 2. set-aside at trial court, 3. set-aside at HC; cycle.

 

 

It brought the husband back is at square one i.e. at step 1!!!!!

 

 

Good Judgement.....which has legitimised one more delaying tactic !!!

 
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Advocate

I appreciate the decision.

 
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advocate

good judgment

 
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