Today, on 25 / 04 / 2013 ... my application u/s 11 r/w sec. 5 (1) of HMA is A L L O W E D.
my marriage with the 498a creature is declared to be NULL & VOID ab initio.
will share details soon !
T H A N K S L C I
First i should thank you for getting the judgement for which you are egarely waiting and you have showed that truth always wins
how is the life after 40 days and the celebrations
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the looser respondent wife has filed appeal.
Battle Begins Again !
appeal on what point
defend in the first instance and avoid for admission and firmly you can object and will file counter affidavit
Appeal can be dismissed or disposed at the admission stage it self
tomorrow is FIRST DATE of appeal.
my SAY on her int. stay app. - ready.
also, i m gonna file application requesting the court to prosecute her for FILING FALSE EVIDENCE in judicial proceedings of the Trial Court.
AGAIN ...
i m gonna file 21 B !!
Dear Amit,
Although the provision under 21B says that the appeal should be heard within 3 months, in practice, HCs take their own time ranging from 1-6 years. Also, I could not find any order from Apex Court directing an HC to expedite its proceedings.
In my case, unfortunately, the date for hearing my application u/s 21-B itself has been given after a gap of 3 months i.e. July 2013. When we insisted the Bench said that there was no slot in their calender. I am also in dire need of such a decision of their superior court. Please share if you have any relevant judgements at sharma74287@yahoo.com . I am instead considering filing of a Writ Petition in SC u/a 21.
Also you can not get her prosecuted for false evidence given in trial court now since section 340 requires such an application to be filed while the case is still pending. Only the trial court could have prosecuted her. Of course, you can file such an application in HC if she contradicts herself in HC.
With all my best wishes,
Rajesh
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Dear Amit,
Next time, don't forget to file a caveat in the next higher court to intercept appeals/orders.
You can see the procedure here: http://bombayhighcourt.nic.in/libweb/acts/cpc1908/Order40A.pdf
Regards,
Rajesh
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Adv Archana
