Hello Good Samaritans!!!
I have been undergoing trauma of legal tangle and through this august forum, I solicit assistance from learned counsels here in this fourm. I have been facing CRPC 125 in the Family Court of Rajkot (Gujarat) and just attended first hearing in the case. In a rejoinder, we pleaded for lack of terittorial jurisdiction of Family Court of Rajkot under CRPC 126, as the applicant herself is doing job in Gandhinagar and Staying in Ahmedabad and the defendant is Staying in Gandhinagar and doing job in Ahmedabad. The last place from where the defendent deserted Applicant is also Gandhinagar. However, marriage was solemnised in Rajkot and before the marriage the applicant was resident of Rajkot. We submitted all documentary evidences about applicants job offer later, salary slip, RPAD acknowledment at the address of Ahmedabad along with our rejoinder and broght to attention of the court that the applicant has filed falsified affidavit and sole purpose of filling case in Rajkot is to harrass defendent. The court has given next hearing after a month.
I have hired advocat, however, as my advoate has studied entirely in Gujarati medium, there comes a language barrier where she is not able to find citations for this case. Hence, through the profound knowledge of law which is possesed by the learned counsels of this forum, I would like to know the citations wherein CRPC 125 is challenged on the basis of territorial jurisdiction under CRPC 126 and the same is considered admissible by the court of law.
Further, in case if court finds that the applicant has filed falsified affidavit ,what are the options available to me:
1) Do i have strong change to win in case I file under 13 A?
2) Shall I plead for perjury against the aplicant? (Though I would be hesitant in doing so, as I still want to settle matter amicably)
I have lots of evidence to prove that she has been cruel with me. However, I came to know that success ratio of divorce on the basis of cruely that too from male side is highly demotivating and even after grant of divorce, applicant still can claim for maintenance.
So, I would be highly obliged if my queries narrated hereinabove are addressed by the cousels of this forum.