Umesh (GM) 25 April 2011

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I had filed sec -9 in 2007

She has filed sec-24 in 2008

She has done FIR of 498a ect in 2008

Section 24 decision passed : 2010

Reply of sec 9 came in dec 2010 in which she had again copy pase the FIR.

Section 27 filed in dec : 2010

Then after I had filed sec 340 in feb 2010

based on her salary slip and attendance record ect. as she had lied in court proceedings on oath that she is unemployed where as she was very well working from 2007 and still working there.

My Q is:

If I wiredraw Section 9 and file section 13 then my 340 will work or not.

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rajshree (freelance) 26 April 2011

Originally posted by :Umesh
"	I had filed sec -9 in 2007 She has filed sec-24 in 2008 She has done FIR of 498a ect in 2008 Section 24 decision passed : 2010 Reply of sec 9 came in dec 2010 in which she had again copy pase the FIR. Section 27 filed in dec : 2010 Then after I had filed sec 340 in feb 2010 based on her salary slip and attendance record ect. as she had lied in court proceedings on oath that she is unemployed where as she was very well working from 2007 and still working there. My Q is: If I wiredraw Section 9 and file section 13 then my 340 will work or not.	"

340 is independent of all other sections. If you had filed it in the same court as Section 9 then also you can carry it forward into the other court when you file Section 13 after withdrawing Section 9.

If your 340 case has been under a separate application and has a separate case number, then it makes no difference to this even if you withdraw section 9.

In short, if 340 was filed under section 9 then you file the application again as a separate matter while filing section 13; stating in section 9 withdrawal application that you are withdrawing 340 there with liberty to file it as a separate application.