Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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D V K KUMAR   17 April 2017

Section 91 crpc/ maintainibility of divorce petition

Dear Experts, I am presenting with follwoing important issues :

Husband filed divorce u/s 13 HMA 1955 at Jaipur in January 2009. Wife took notice and started appearing in divorce case only on July 2011 at Jaipur. Before her appearance she filed DV at Kanpur in June 2009 mentioning knowledge of husband's divorce petition in her plaint on oath. Aftewards, wife filed FIR u/s 498-A, 506, 34 IPC at Kanpur in August 2009. Husband and his relatives got AB, chargesheet filed u/s 173 crpc final report alleging an offence u/s 498a, 506, 34 IPC against husband and other relatives.

Husband asked the Magistrate for an oppurtunity before charging, Granted. Magistrate after listening to husband/ accused argument, framed only with 498-A IPC and removed 506, 34 IPC. On the other side, Wife dispite her appearance at Jaipur divorce case filed by her husband, now filed her own Divorce case u/s 13 HMA at Kanpur. My questions are as follows :-

1). Whether Husband can file an application u/s 91 crpc in trial court where 498-A case is pending, in order to get a copy of 'Entire Case Diary', along with evidences of prosection (such as medical report of wife pregnancy, bill, reservation tickets, Divorce case plaint copy recieved by wife....etc) regarding different dates mentioned in chargesheet which prosecution alleged so called 'Caue of Action' arised agaisnt husband at Kanpur ? [Because chargesheet only have marriage photo, marriage card as prosecution evidence along with witness written statement which differs on date, time, year of all incidences husbands/ his relatives] please post some citations in these regards ?

2). Whether wife's divorce case at Kanpur is legal or illegal / Maintainable or non-maintainable in eye of law? If illegal or non- maintainable, what to do ? please post some citations in these regards ?

3). Whether u/s 91 crpc is applicable to get documents in custody of wife in civil case such as divorce case filed by her at Kanpur ?

Your valubale reply's are egarly awaited.

Best Regards

DVK



Learning

 3 Replies

Rajiv kumar (abc)     17 April 2017

once the wife has appeared in Divorce petitition, she can not file another Divorce case in Kanpur 

1. FIle a case of perjury in High court ( Jaipur) , It is criminal case and there is proper evidence for such.

2. Where is the question of applying section 91, go get the certified copy of the document from court ( it is applicable for institution where RTI act fails) e.g. getting salary slip from private institution . 

D V K KUMAR   24 April 2017

Dear Sir, thanks a lot for your valuable suggestions. But how can I file perjury because wife accepted filing of my divorce petition (at Jaipur), in her divorce petition filed at kanpur. She had not hide any thing about my divorce petition. Secondly, Can I file application u/s 91 crpc in wife's divorce petition at kanpur for providing me copy of notice send by Principal Judge, family court Jaipur against wife along with petition copy.

OR

I should file question regarding maintainibility of wife's divorce petition at Kanpur.

Please help and suggest me.

Regards,

DVK

Rajiv kumar (abc)     09 May 2017

Perjury because, two divorce cases can not be filed at the same time for a single marriage, once she was a party your case, why she has filed another case? Is it maintainable? 

"I should file question regarding maintainability of wife's divorce petition at Kanpur."- Yes, you must -

 


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