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SidChiBharg (Software)     25 December 2013

Dismissal of dv - need suggestions and thoughts

Hi Friends, 

 

My estranged wife filed Domestic Violence (DV) case in July 2010. She didn’t give any allegation in her petition and said that DV application is being filed for “Retrieval of Stridhan and grant of Maintenance”. She filed a Rejoinder to her DV application in October 2010. In her rejoinder she had written several times that “she is not working anywhere and she has no means of earning her lively hood”. Our arguments for interim maintenance in DV happened and she was awarded interim maintenance of about Rs. 3000/- p.m on 28th October 2010. At that time I wasn’t aware where she was working and so wasn’t able to produce documented proofs of her employment.  She then gave her statement on Oath in her DV case a month later in November 2010 where in the column of Profession she mentions “Nothing”. Then her cross examination starts in DV in the month of May 2012 and she answers only a few ques. after which she takes adjournment - where she mentions her Profession as “Doing L.L.B.” 

 

About in April 2012 I got to know the place (read private school) where she was working as a teacher. Lately in October 2013 after much deliberations I have the written documented proofs from the school. The proofs have all the information when, where she was working, all her salary details, etc. Now on digging deeper through the documents which we received from school we got to know that when she filed her rejoinder and said all false stuff (like she is not working and does not have any means of earning her livelihood) she had given her consent to the school that she would be joining later in the week in the same month when she filed her rejoinder. Also the month the interim order was given that month she had started receiving salary from her school. This means that she was aware that she had received the offer letter from the school and she had started working in the month of October 2010 and she started receiving salary from October 2010 month itself.  

 

This way she has stated false statements on 3 occasions in her DV case: 

 

1) Rejoinder (which she filed in October 2010) - where she has  said that she is not working and she has no means of earning her lively hood. I have all the written documented proofs (salary statement and salary slips) directly from the school which would prove that she started receiving salary from October 2010 itself the month she filed her rejoinder. 

 

2) On Oath statement in DV (which she gave in the month of November 2010) - wherein she states in her profession column as “Nothing”. I have her salary slip from the school of November 2010 which would clearly expose her lies. 

 

3) Cross Examination - (which she gave in the month of May 2012) - wherein she states in the column of progression as “Doing L.L.B.” while actually she was working as a teacher in a private school. Again her salary slip would prove this. 

 

My Queries: 

 

1) I wish to get her DV case dismissed. Reason : If the petitioner can give false statements at 3 places (Rejoinder, On Oath, Cross Examination) then would she have stated truth in her petition?. Her petition deserves to be dismissed outright. DV case is currently going on in District (read Trial) court.  Where would I need to file this petition in Trial Court Or in High Court AND under which section? Please guide. 

 

2) In understand that its a fit case of filing section 340 crpc together with 420. I would be doing the same. 

 

3) I already paid her interim maintenance which was ordered in the month of October 2010 for about 12 month totalling about 12* 3000/ - == Rs. 36,000/- Since this money and the order was based on false facts can I file a recovery suite to recover the amount from her ? If YES under which section if NO then why not? I now this might not be tried by many of us and it might be just a dream to recover money from her but I see logic in this so want to go for it. 

 

Please help me and guide me as I do not have many people to fall back on. Appearing as Party in Person (PIP) for many of my case in Family, Session and High Courts. 

 

 

Thanks and Regards, 

Sid



 7 Replies

dr.pawan rajyan (member and secretory)     26 December 2013

file perjury crpc 340/195 in same trial court. all problems will be solved.regards

T. Kalaiselvan, Advocate (Advocate)     26 December 2013

Answers to your questions: 1)

1) I wish to get her DV case dismissed. Reason : If the petitioner can give false statements at 3 places (Rejoinder, On Oath, Cross Examination) then would she have stated truth in her petition?. Her petition deserves to be dismissed outright. DV case is currently going on in District (read Trial) court.  Where would I need to file this petition in Trial Court Or in High Court AND under which section? Please guide. 

  These are the points to be taken up during final argument stage, unless it is proved beyond doubt, you cannot file any case as proposed  until the disposal of the present case.

 

2) In understand that its a fit case of filing section 340 crpc together with 420. I would be doing the same.

Who confirmed you this message?

 

3) I already paid her interim maintenance which was ordered in the month of October 2010 for about 12 month totalling about 12* 3000/ - == Rs. 36,000/- Since this money and the order was based on false facts can I file a recovery suite to recover the amount from her ? If YES under which section if NO then why not? I now this might not be tried by many of us and it might be just a dream to recover money from her but I see logic in this so want to go for it. 

  Only if it is proved that she was employed and she made false statements to illegally extract money from you, by the court findings, you may get a relief about proceeding as per your proposal.

 

My suggestion is that first you contest and challenge her case fittingly, get acquitted/get the case dismissed, then think about other proposed actions.

SidChiBharg (Software)     27 December 2013

Originally posted by : dr.pawan rajyan

file perjury crpc 340/195 in same trial court. all problems will be solved.regards

Hi Pawan,

As already mentioned I am planning and would be doing the same. I wold surely be filing perjury u/s 340 crpc in the same trial court. But I wanted to additionally get her DV case dismissed as she has told lies several times in her DV case.

Thanks and Regards,

Sid

SidChiBharg (Software)     27 December 2013

Originally posted by : T. Kalaiselvan, Advocate


Answers to your questions: 1)

1) I wish to get her DV case dismissed. Reason : If the petitioner can give false statements at 3 places (Rejoinder, On Oath, Cross Examination) then would she have stated truth in her petition?. Her petition deserves to be dismissed outright. DV case is currently going on in District (read Trial) court.  Where would I need to file this petition in Trial Court Or in High Court AND under which section? Please guide. 

  These are the points to be taken up during final argument stage, unless it is proved beyond doubt, you cannot file any case as proposed  until the disposal of the present case.

 I understand. But my only point was can I produce the proofs which I have and ask the court to dismiss her DV case as with the help of proofs it would be proved that she has told lies at several place in DV instead of waiting till the final arguments stage and disposal of the present case.

2) In understand that its a fit case of filing section 340 crpc together with 420. I would be doing the same.

Who confirmed you this message?

No one confirmed this message BUT its very evident from the facts and circumstances of the case that perjury was committed by her as per the documented proofs which I have.

 
3) I already paid her interim maintenance which was ordered in the month of October 2010 for about 12 month totalling about 12* 3000/ - == Rs. 36,000/- Since this money and the order was based on false facts can I file a recovery suite to recover the amount from her ? If YES under which section if NO then why not? I now this might not be tried by many of us and it might be just a dream to recover money from her but I see logic in this so want to go for it. 

  Only if it is proved that she was employed and she made false statements to illegally extract money from you, by the court findings, you may get a relief about proceeding as per your proposal.

 As per the documented proofs which I have it is evident that she was employed and she made false statements to illegally extract money from me. I have thinking if filing a recovery suite for the same with the given documented proofs which I have.

My suggestion is that first you contest and challenge her case fittingly, get acquitted/get the case dismissed, then think about other proposed actions.

Yeah this seems to be the longer route but legally feasible route.

Please do find my answers inline in blue color.

SidChiBharg (Software)     27 December 2013

Originally posted by : T. Kalaiselvan, Advocate


Answers to your questions: 1)

1) I wish to get her DV case dismissed. Reason : If the petitioner can give false statements at 3 places (Rejoinder, On Oath, Cross Examination) then would she have stated truth in her petition?. Her petition deserves to be dismissed outright. DV case is currently going on in District (read Trial) court.  Where would I need to file this petition in Trial Court Or in High Court AND under which section? Please guide. 

  These are the points to be taken up during final argument stage, unless it is proved beyond doubt, you cannot file any case as proposed  until the disposal of the present case.

 I understand. But my only point was can I produce the proofs which I have and ask the court to dismiss her DV case as with the help of proofs it would be proved that she has told lies at several place in DV instead of waiting till the final arguments stage and disposal of the present case.

2) In understand that its a fit case of filing section 340 crpc together with 420. I would be doing the same.

Who confirmed you this message?

No one confirmed this message BUT its very evident from the facts and circumstances of the case that perjury was committed by her as per the documented proofs which I have.

 
3) I already paid her interim maintenance which was ordered in the month of October 2010 for about 12 month totalling about 12* 3000/ - == Rs. 36,000/- Since this money and the order was based on false facts can I file a recovery suite to recover the amount from her ? If YES under which section if NO then why not? I now this might not be tried by many of us and it might be just a dream to recover money from her but I see logic in this so want to go for it. 

  Only if it is proved that she was employed and she made false statements to illegally extract money from you, by the court findings, you may get a relief about proceeding as per your proposal.

 As per the documented proofs which I have it is evident that she was employed and she made false statements to illegally extract money from me. I have thinking if filing a recovery suite for the same with the given documented proofs which I have.

My suggestion is that first you contest and challenge her case fittingly, get acquitted/get the case dismissed, then think about other proposed actions.

Yeah this seems to be the longer route but legally feasible route.

Please do find my answers inline in blue color.

Prakash S Thakkar (B.S.L LL.B)     08 February 2014

File a complain u/s 340 r/w all required sections. And support her certified copy of affidavit. There is a ruling been passed by bandra court in dec 2013. Whch was upload on this site on 11 jan. Just check it 

Girish (Senior Manager Operations)     10 February 2014

We are in the same boat. My wife files false 498a FIR and Police after 9 months investigation has filed B Summary to the court.

In the same court my wife has filed DV using the same set of allegations. I have filed the discharge application in DV upfront hence no interim order has been passed.

After seeing the 498 Summary I hope Magistrate must have formed some opinion.

Further, magistrate is giving her opportunity to prove that the 498 FIR is TRUE. She will fail to prove that as it is BULL SHIT FIR.

If court will pass any interim order in her favor in DV case I will challenge that in Sessions court.

Meanwhile, 498 B Summary OR C Summary will be accepted by the magistrate in 2-3 months if not earlier. THEN.....guess what ? My lawyer has to just defend DV case with simple reasoning as same set of allegations are used in DV as that of 498 FIR.

Once both the cases will finish I can file perjury for False Affidavit  submitted by my wife in DV case & also Family Court Divorce case. I will submit the order from 498 FIR & DV case to Family court. My wife has asked Divorce from me with false allegations & additional false statements, a new version.

I can also file defamation case against my wife.


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