Upgrad LLM

case of sec 199


Respected Experts...

I want to know that, the case of cr.pc.sec 199 for the false statements has been drafted by the husband of my friend..Actually,my friend was working in the college on the contract basis.But the moment when she has drafted the petition u/s 125 for maintenace that time she was not on job. But when the moment of her cross examination came till that moment she got a job on contract of 10 months.When the opponents lawyer took her cross examination that time her lawyer told her to tell that she is not working anywher coz he told her that it is not been mentioned into the petition then she did the same as per her lawyer instructed her to say.

Because it was mentioned into the contract that they can releave her any time.But her husband retrived her job's informaton through RTI and now her husband has drafted the petition of u/s 199 of cr.pc. against her. Actually now she has no job from last 1.5 yrs but as she said that she was not working anywhere as per saying of her lawyer.So,she is in a dialema now what to do coz unfortunately her lawyer who told her to do the same became hostile..

The petition is being drafted in the last year still the court has not made any order on it...

So, on her behalf I just want to ask what exactly she has to do now...I will be grateful to you..

Thanks in advanced...!!!

 
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You can not hide the facts which are presented by the other party showing the status of service (information received through RTI). Hiding any fact from the court will week your case. state the complete true facts to the court with complete detail of employement period and describe that now she is not doing any job from the last 18 months.

 

 
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@ Adv. Jindal Sir : Ok...sir, Thank you...!!!

Actually, her husband has fild the petition into the court in the last year but she didnt get any notice from the court yet, she came to know about the petition for sec 199 when she checked the board..

so,just wanted to ask whether she can appear before getting any notice from the court or has to wait or is there any other remedy available to put her side to the court or any other suggession from ur side...Sir...!!!

 
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I think she need to report after the servie of summons/ notice only.

 
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Advocate

She need not appear before the court without getting notice or summon to appear before it on the case.  Who knows whether the case will be taken on file or not by the court?

Ask her to maintain patience and even if she receives it, ask her to challenge the same on merits from her side. 

 
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@ Adv. Jindal Sir and Adv. T. Kalaiselvan Sir : Thank you...so, much Sir...!!!

I will suggest her the same...once again Thank you...!!! 

 
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@ queriest,
m a new comer like u.
as u mentioned tht 1.5 year has been passed after filing of petition by husband thn under wht circumstances this prolonged delay could be happened tht only sr. can tell u.

 
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