Case Background: Marital Dispute between Husband & Wife (Sec 498a & Sec 13). During trial proceedings husband manhandled by the counsel of opp party. Husband then moves transfer petition in Supreme Court apprehending fair trial & threat to life.
A year later SC quashes the Crl compliant and awards decree of divorce (mutual consent). After the judgement Husband came to know that a junior counsel of opp party had filed a complaint against husband quoting the incidence that happened a year before. The date of complaint was almost 8 months after the incidence.Therefore as an afterthought, the junior counsel of opp party , filed the complaint on the behest of wife to further harass the husband.
Husband had to move TP in the SC in this matter as SC advised this to be a 3rd party matter.
Queries:
1. If a cousel is practising on behalf of parties, how can he be considered a 3rd party? A doctor is doing surgery and tomorrow the patient can allege that the doctor caused physical injury by using knifes/blades?
2. Are there any SC Judgements where the wife/3rd party filed complaints against husband post settlement . Grateful if they can be shared.
3. Road map ahead for the husband.
Looking forward to your guidance
