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rajendra (na)     31 July 2014

Perjury

CASE:498A AND DP ACT 3,4

           DVC IN COURT

498A STATUS:CHARGE SHEET FILED AND TRIAL NOT STARTED

DVC:COUNTER FILED NO TRIAL TILL NOW..

Could some one suggest me when is the best time to file perjury in DVC and in 498A?

what points we can put in this?

Thanks



 14 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 August 2014

No, its not the right time. Wait till the complainant is examined in the court (Evidence is taken)

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 August 2014

Please go to high court and file petition for speedy trial first. Let compel her to appear in court.

If she made any contradictory statements, if you have proof that her allegation is false an fabricated than you can file perjury any time.

 

Please see my each posts carefully in the links bellow: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 August 2014

:-) :-) Rocky Smith.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 August 2014

:)

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 August 2014

Speedy Trial is Mandatory in 498A

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 August 2014

WOW. are you quoting some ruling or raising a demand Rocky Smith.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 August 2014

Speedy Trial is a right of every accused as per Article 21 on Indian Constitution and HMA.

 

Section 21B in The Hindu Marriage Act, 1955


44 [ 21B Special provision relating to trial and disposal of petitions under the Act. —
(1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

 


(2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

 


(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.]
 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 August 2014

"Mnadatory" is different than "very petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent."

 

Is my understanding incorrect???

 

 

 
 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 August 2014

Yes, But expeditiously disposing order is required from High Court to make a headache on the trial judge to make the matter disposed of on the said timeline.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 August 2014

So you mean to say that Speedy trial order can be gotten by all 2 crore 70 lakh people. What would happen to the High Courts, if so many writs for speedy trial are filed in High Courts.

 

Is that PANACEA you are offering?

 

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 August 2014

1) So you mean to say people should face the trial until death / even after death?

 

2) Or pay lot of money to these wrong doers ? and he might bankrupt ?

 

3) and matrimonial advocates will take good amount of commission out of it ?

 

:P Why do you have so much pain on speedy trial ?

 

Please see the link bellow and follow each posts of Mr.  Roy and Mr. Kalaiselvan which is truely appreciated.

 

https://www.lawyersclubindia.com/forum/What-to-do-with-the-female-oriented-laws--104883.asp#.U94qKKOm9dh

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 August 2014

I just want to point out that Speedy trial is projected as Panacea by you, which is not the case.

 

 

Regards,

 

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     04 August 2014

I and you have different point of view on panacea.


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