ktkaran (maanger) 26 April 2014

340at pre stage wife filed application u/s350 to be heard

Hi,

I filed a case of 340crpc,case no. was registered and decision whether 340crpc is made out or not & whether wife has given a false affidavit or not is to be decided by the trial court.In the mean time wife has fied an application u/s350 crpc without being summoned and her lawyer wants arguments to be done before deciding that whether 340 Prima facie is made out or not.

please advise -

What is section 350Crpc?

Will the judge look at at docs or arguments?

how can i counter wife's move and under which section?

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4 Replies

Laxmi Kant Joshi (Advocate ) 26 April 2014

if she had submitted false information, false and fabricated documents before the court on oath , if objection made by you and you have proved her guilty then she will be punished for it ,

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Laxmi Kant Joshi (Advocate ) 26 April 2014

if she had submitted false information, false and fabricated documents before the court on oath , if objection made by you and you have proved her guilty then she will be punished for it , sec.350 crpc is a summary procedure for punishment for non-attendance by a witness in obedience to summons , judges looks on both documents as well as relavant arguments done , fight your case on merits .

Laxmi Kant Joshi (Advocate ) 26 April 2014

ktkaran (maanger) 27 April 2014

Yes she wants to argue before the trial court makes a complaint against her and sends it to Magistrate for trial.

The case was registered u/s340 but trial court had not sent case yet to magistrate.Will the trial court not consider the documents on record which proves her prima facie of giving false docs?

her own documents of suprmem court prove that she lied in affidavit in the trial court to gain favourable orders.

Do i need to prove documents filed by her ?