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BJM_BJM_BJM (Service )     11 December 2011

Urgent advice

Learned Members : Pls Guide


@ Husband took expartie divorce by fradulent means from vishakapatnam. Concealed the fact till the limitation period was over. Girl residing at Dehradun and had filed RCR and DV for residence orders.Husband even lied in court and concealed the fact from all.

@ After Dicorce decree in hand husaband an army officer removed her name from all records He tried to marry a lady Captain with whom he had affair .Th e wife fought for her rights and got restored in Vishakapatnam court after 2 years of delay tactics by husband .She took injunction restraining husband from marrying from high court uttrakhand and Andra . Husband also tried all his efforts to get remarried and all went to all sot of cases and courts .

@ Meanwhile when the case has been restored and husband has been caught redhanded for perjury ,false signatures ,wrong juridiction creation ,fake affadavit,wrong address summoning and what not he has filed the Application for withdrawl with the permission to file it afresh at some other place.JUDGE has also changed and is of the view that withdrawl is his right and cannot stop him. Lady canot run to vishakapatnam as she has old parents who are not well.

@She filed transfer petition at SC but court was of the view that it is at withdrawl stage so was dismissing the petition but she stood and said fraud is going against her >judges gave decision : issue notice ----no stay was granted .

My question :

Wil his crimes in the divorce pettiton will end incase he is given the right to withdraw( the court have the tilt to grant that permission as it has not taken any consideration of 340 application of mine)

Is there ant section in crpc or ipc through which a cse can be filed for all this fraud in the petition>i have all evidences .But my limitation is : i canot file it in Vishakapatnam ...If i could file in Dehradun.

Pls guide


 7 Replies

BJM_BJM_BJM (Service )     12 December 2011

Learned Members pls advice .Is there any writ which can can be initiated



BJM_BJM_BJM (Service )     12 December 2011

PLs Learned members advice on the issue .

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 December 2011

no, he can still be punished for perjury charges, even after withdrwal, once the perjury petition is admitted





Shonee Kapoor


1 Like

Bhartiya No. 1 (Nationalist)     01 May 2012

A  criminal case of forgery, fraud with court can be filed separately, u/s 420, 120B, 465 466, 468 and other forgery and fraud sections of I P C depending upon the facts/ materials or proofs available, this surely will land up him in trouble. Obtain/get certified copies of  all his misdeeds.

1 Like

Anjuru Chandra Sekhar (Advocate )     03 May 2012

You can file case against him under IPC Section 209.

1 Like

BJM_BJM_BJM (Service )     04 May 2012

Sir  but can i file case under section 209 ipc at dehradun where as all the fraud took place at Vishakapatnam

pls guide

Y V Vishweshwar Rao (Advocate )     06 October 2012

It  is proper to file  Petition/complaint  before the Vishakapatnam  Court - where the fraud is played and the same court will take the required  steps- as it is from its records & proceeeigns .    

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