hi all, my complaint case u/s 209,210 of I.P.C. dismiissed by trail court considering that the "Issued of re-marriage of my Ex-wife is not before session court and she has not falsely claim and obtain frudulently order of court. Hence complaint is dismissed".
acutually, before session court i have make revision application against order of maintenance to my ex-wife passed in 125crpc. but session court comfirm order of maintenance to her, considering the SC judgment even after divorce wife is entitled to maintenance till she get re-marry. During pending revision before session court she got re-marriage but did not disclose to session court and concealed the true facts of her status change which gives errnous conclusion of session court " that the wife is not yet remarried and has long span of further life" hence i confirm her maintenance till she get re-marry as per apex court judgment. during that time niether court nor i have knowledge about her remarriage, my ex-wife execute this judment in court for recvovery of maintenance amount with arrears and issued distress warrant of amount for which she is not entiltiled even after her re-marriage date.
now i want to file revision against the trial court order of dismissing my complaint on ground that there is no issue of re-marriage before session court in revision appeal for maitnenance. the accuse(wife) is not summons/heard as there was no pre-conizance taken by trail court.
1. in revision before district court, the ony state will be the opponent or accsued(wife) will also be opponent.
2. can my case be remitted back for reconsideration as per law.
3. can i should pray to session court for making complaint u/s 340crpc r/w 195 crpc as this complaint arise out of session court judgment in maintenance revision appliction. as this court has jurisdiction.
