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dec17 (student)     06 January 2011

regarding signs in divorce

sir my husband expartee divorce by sending notices to my vacate house

it was set a side

and we came to know on the time of filing application on said dates he signed he was not in india he was in abroad but his signs shows he was in india and also while filing chief affidvit he was in jail for 498a offence eventhough he did not disclosed regarding this in affidvit  .and shoes that he was sworn and signed in prsence of attsetation advocate

pls say can i file 340 crpc for misleadeing the court and what offence invoke here



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 7 Replies

Kshiteej Anokar (Advocate)     06 January 2011

no not at all, u r facts does not diclose the commission of offence by streach of imagination

Arvind Singh Chauhan (advocate)     06 January 2011

Cratinly if u are confirm that he was in jail on the date of attestaion of affidevit and jail record shows that he was not out of jail on such date. You may apply for not olnly action under 340 Cr.P.C but under IPC also. Even attesting adovocate may be prosecuted.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     07 January 2011

If you want to live with him then go for mediation if not than go for MCD and forget these cases.

Helpme498a (NA)     08 January 2011

Bhaskar Ji,

She has already put a 498a against the poor husband and sent to jail ...and how can she expect her to be taken back..

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     15 January 2011

But if case is compromised then only the guy will be out of these cases.

dec17 (student)     10 April 2011

hello help me 498a

here you should observe before saying poor guy to him that after marraige he left away with in 15 days to newzealnd promising he will send visa paers by dumping huge amount of dowry in his pocket and later to bypass the penal consequences he obtained fraudelent exparte decree and if he is really poor guy he should not cheat me in this way and more over iam not ready to join him becasue after all this what he has done to me are not to taste of bonafide intentions
 

dec17 (student)     10 April 2011

hello Ksh*teej Anokar

I have all the evidences regarding his pasport stamping on the date of signs he was not in India and more over while giving evidence for exparte divorce in form of chief affidvit filed by him he was in jail and without disclosing that wrongly attestation was done by another advocate by misleading the court he was out of jail  and regarding this I have taken entire docket order of divorce process.  and then i cam eto know he was so pre planned that bfore filing of 498a only he filed divorce on me to bypass the criminal consequences and he in hurry to take divorce he didi not disclose this to curt and obtained fraudelent exparte decree 


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