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Kiran Kumar (Software)     18 December 2013

What cases i can file for crpc 125

Wife filed CRPC 125 making false allegations which can be disproved

Few examples

a) Wife claimed her parents giving money for purchasing house property, I have proof that I took loan and paid using EMI

b) Wife claimed her parents paid hospital bill when she is in hospital and I claimed same from insurance, I have Letter of Credit from insurance company where they paid money to hospital.

What counter cases I can file in above scnarios

a) Can I file section 385 money extortetnion case

b) Can I file section 211

Plesae advise, Even If I dont wih above cases I want to give a try to put them in back step for filing further false cases.

 

 

 

 

 



Learning

 8 Replies

Kiran Kumar (Software)     18 December 2013

Please Note I want to file these cases during the trail itself. Not after acquittal. Is it possible

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 December 2013

Dear Kiran

as per you information section 385 of IPC or 211 are not attracted, if you have proof regarding the allegations you can file a complaint u/s 340 of Cr.PC against her before trial court at any state of trial before judgement.

Feel Free to Call

1 Like

john (na)     18 December 2013

Dear nadeem, It is possible to file the case 125 crpc is pending..

T. Kalaiselvan, Advocate (Advocate)     18 December 2013

Mr. Kiran, a case u/s 125 Cr.P.C. is for maintenance amount by the petitioner when he/she is unable to maintain herself/himself.  This is not extortion.  If you have proof to prove that she is not eligible to claim maintenance as she is having sufficient sources of income to maintain herself, you can contest the case accordingly. The evidence in your possession about EMI on housing loan as well as settling the bills during the delivery of child in the hospital through insurance company will go a long to prove that she filed false cases against you under the provisions of dowry harassment laws and cruelty laws etc.  You cannot file a case against her u/s 385 or 211 because there is no proof for that and this domestic issues cannot be considered as cause of action for the cases under the said provisions of law.  What are all the cases pending against you now? You may try to file a quash petition before the high court if you are confident about the evidences in your possession to vouch upon your grounds against all her false cases on you.

1 Like

Kiran Kumar (Software)     18 December 2013

Thank you Kalaiselvan. I am currently having only crpc 340 pending.  I got the thought of 385 based on below posting

https://www.lawyersclubindia.com/forum/Money-extortion-case-against-wife-based-on-crpc-125-case-55837.asp#.UrHIvX9sfUI

If Siv Can file Money extraction case, why cant I file same case. What am I missing.

In CRPC petition my wife alleges that I have cheated insurance company and got the money illegally and I need to pay back the amout.to her parents.

If 385 is not possible, Can I file prejury case before the judgement itself? My intention is to put some pressure not actually win the case, so that they think twice before filing wrong 498A

 

 

 

 

 

 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     18 December 2013

Perjury or any other case will not sustain or maintainable before the related cases are decided/disposed.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 December 2013

Dear Kiran

read the section 340 of Cr.PC

340. Procedure in cases mentioned in section 195.

(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-

(a) Record a finding to that effect;

(b) Make a complaint thereof in writing;

(c) Send it to a Magistrate of the first class having jurisdiction;

(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and

(e) Bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.

(3) A complaint made under this section shall be signed, -

(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;

1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]

(4) In this section, “court” has the same meaning as in section 195.

if any allegation or statement comes under these sections then only 340 will be applicable.
Feel Free to Call
1 Like

Kiran Kumar (Software)     19 December 2013

I realized the difficulty in section 340, It is treated of a crime against court  and judges are reluctent to admit it. But for other cases like 180, should I wait for complete trail to end or can I file after cross examination stage and I am planning to request the allegations in the form affidavit


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