Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Zameer   21 October 2017


Hi, I am suffering from false DV and divorce. My wife lied in DV petition and interim petition. She lied about work status to gain interim maintenance even being MBA. I have submitted her tax returns to court and instead filing WS, I have filed perjury as there are other lies as well for which I have documentary evidences. Court has asked them to file say on crpc 340 application. They are delaying matter and again delayed by month. What court will do with crpc 340 at this stage? Since there are strong evidences on my side, what could be strategy of OP lawyer of my wife. I need to understand why they are using delay tactics as they took adjournment. My lawyer says there will be OP say then argument and order. I had pleaded for case dismissal. If there is any rejection chance of 340 crpc application, what could be next steps?


 2 Replies

Jaspal singh (practicing lawyer)     21 October 2017

Dear querist, if you have sufficien proof that your wife has not approced th Hon"bke Court with clean hands and suppressed the material fact or income from the court of law and also you have some documents which can be proved that she is liabke to be prosecute under section 340. ..there are well settled law by apex court ib numbera of cases " when partie of te suit not comes with cleab hands and suppresed the income or material fact from the court, court must thrown out such type cases and no such relief shold be given to the parties who is trying to mislead the court . Regards Jaspal S Maini(Adv) 9999987283

Nadeem Qureshi (Advocate/     21 October 2017

Dear Zameer

First of all file the reply of domestic violence case and as you informed that you filed the application U/s 340 of Cr.P.C. if the opposite party is going to delay the matter then approach to court and imposed heavy cost upon them and if after the cost they are not going to reply the same then approach too court for dismissal the complaint due to non compliance of the Hon'ble Court Order.


if the Court is not initiate any preliminary inquiry upon your compllaint then you may approach to session Judge U/s340(2) of Cr.P.C. for the cognizance of the complaint filed by you U/s 340 of Cr.P.C. which is pending before the Magistrate Court and the magistrate neither initiate inquiry nor reject your application.

Remain as Mr. jaspal Singh(adv) informed to you that there are various judgment by which the court stated that "Suit/case should be thrown out".......

Feel Free to Call

Nadeem Qureshi Adv

9899686394, 9953809956

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