Civil Procedure Code (CPC)

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Amit Kumar (na)     28 April 2011

query

Deat Sir, I do have certain query regading a case.

Q1) What is evidentiery affidavits in D.V?
Q2) Why did magistrate asked her for evidentiery affidavits?
Q3) If the statements in the evidentiery affidavits are proven false then can a case under any section be registered against her?
Q4)If maintenance is denied in D.V and the case is dismissed then can she ask for maintenance again under any law?
Q5) If a complaint is closed in CAW once then can it be reopened?
Q6) Can any complaint in CAW be kept pending for any number of years?
Q7) What is the procedure to register a case under section 498/406? I mean has she go through CAW or even a complaint in the local police station be enough for an FIR.Will I be informed to put the facts?
Q8) Can I be tried u/s 498/406 for the same facts once aquitted of the charges under D.V act. I mean would it not be the breach of C.R.P.C section 300(1).

waiting for you kind response.
 



 5 Replies

AAK (Advocate)     28 April 2011

only in civil case taking evidence in the form of affidavit is permissable not in crimimal cases. If the maintainace is denied in DV she can ask under other law such as 125 cr.pc. If she put a complaint before the police alleging S.498 the police will registered FIR.

Amit Kumar (na)     28 April 2011

Thanks for replying sir. But in D.V case M.M ask her to file evidentiery affidavits which is full of false statements.

1)  If I able to prove false then can a case under any section be registered against her?

2) Can I be tried u/s 498/406 for the same facts once aquitted of the charges under D.V act. I mean would it not be the breach of C.R.P.C section 300(1).

3) Can any complaint in CAW be kept pending for any number of years?

4) Will I get the benefit of D.V case in my favour in c.r.p.c 125.

Wating for your kind response
 

AAK (Advocate)     29 April 2011

as it is quasi criminal proceedings MM might have taking evidence on affidavit, but thats not the proper procedure. If you able to prove her statement false at the most you can institute suit for defamation, but you need to prove in strict sense. The court under DV act cannot frame charges u/s 498/406 hence and you will be placed as respondent under DV act not as accused, hence you can be tried under 498 separately. you will surely get benefit of orders passed under DV act for your cases u/s 125 cr.pc.

Amit Kumar (na)     29 April 2011

Sir thanks for replying me so soon. What you mean by saying " but thats not the proper procedure". I am writing a para throught which you able to know how false this case is.

" The petitioner stated in her complaint that she was 8month pregnant at the time of marriage and she was staying with her parents at bla bla address but her parents did not know that she was pregnant at the time of marrage and this fact know to them after 1month of marrage when baby was born."

And many other things which are similar to this. Sir one more thing i like to ask  Can any complaint in CAW be kept pending for any number of years?

Wating for your kind response
 

veenzar (Advocate)     29 April 2011

Try  FreeDivorceAdvice to get free advice.


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