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Jamai Of Law (propra)     10 December 2010

Help!!..Resp.'s Caveat in Fam. Crt b4 his 'review' Petition

Urgent Help would be appreciated!!..

 

Can Caveat be filed in the District Courts?

 

Kindly let me know about caveat.....Whether it is required for the Respondent to file a caveat in the following scenario? FC/District court....Is there register maintained to give formal warning to Petitioner about Respondent's likely moves that he is comtemplating on filing cases against Petitioner such as ........................

A) 'Tax Evasion by the Petitioner' and likely enquiry by the Income tax department after Respondent makes a formal complaint about it.

B) 'Perjury committed by the Petitioner'and likely judicial enquiry about  criminal offences as per ICP Sec 182..IPC 194.....after Respondent makes a formal complaint about it:

      There are  Concrete instances of

  • lying on oath (Wife working and right from 1st day states on oath that she was unemployed. she changes her stand after being exposed about her employment...which is treated as 'after thought')
  • concealing material facts
  • fabricating false evidence
  • approaching judiciary with unclean hands
  • stating a lies in front of court during arguments also, convenient to her stand, about facts which has been recorded in the 'order' passed by the Hon. Court.

 

The Husband/Respondnet has material proofs of all the above!!!

 

FC passed an order against respondent-husband onsec 24 int. maint. app. filed by petitioner-wife in a divorce case............. ..The Respondent prefers to go for 'review' , first at the trial Court only i.e. the Family Court!!, else would go to HC.

The Respondent has material proofs which he could not submit in front of Court initially during hearing of maint app. (and rather Respondent misjudged his wife's 'capability of lying on oath' about facts (which are very simple to extract...... in the era of IT and computerisation of banks and with a simple PAN number whole info can be obtained!!!!)..........in front of Hon. Court as well as startling disclosures about wife's lies!!)

 

 

 

 

Please suggest.......

 

this a good case where......................................... husband is really innocent and wife behaved recklessly...and the message has to be given to society that ......under the disguise of 'weaker gender' one can not misuse the provisions of law!!!

 

HC always like to take oppotunity to find mistakes of trial court......but the Respondent prefers to go for review at the trial court first and not directly to HC!!!



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 6 Replies

Jamai Of Law (propra)     10 December 2010

There are  Concrete instances of

  1.  lying on oath (Wife working and right from 1st day states on oath that she was unemployed. she changes her stand after being exposed about her employment...which is treated as 'after thought')
  2. concealing material facts
  3. fabricating false evidence
  4. approaching judiciary with unclean hands

Jamai Of Law (propra)     10 December 2010

  1. stating a lies in front of court during arguments also, convenient to her stand, about facts which has been recorded in the 'order' passed by the Hon. Court.

Jamai Of Law (propra)     10 December 2010

Am I mistaken about intension of caveat? that

 

The Respondent wants the Petitioner-wife to 'come clean' in front of the Court....after being experienced to her lies in court...else she is liable to face tax evasion as well as criminal proceedings against her.....as the husband is determined to file such complaints.....

 

Where should he file the complaints about perjury? (crpc 340 is invoke in relation to ipc 195 only and not for other offences of perjury)

 

Is there any other  provision in crpc, which is analogus to crpc 340, which can be invoked with ipc 181, 182, 191,192, 196, 199, 200, 202, 209?

 

Thanks in advance....

Jamai Of Law (propra)     10 December 2010

The whole Confusion has arisen due to following:

Definition:Caveat is the requirement of prior notice or information given to a party before taking any particular action concerning or directly effecting the them. The Latin word means let him beware. A sanction of Caveat petition requires the issue to be heard in the court before any authority takes a decision.

 

 

Respondent lost the interim maint suit in divorce due to "Wife's lies in court" for which husband has partial data of bank trasactions bycheques and some trasaction by case.

 

Husband can afford to lose his money given to by cash to his wife , time and again in marriage span of 13 years!!!, ...if wife says that cash  deposited in her bank a/c is not from husband!!!...at least then she had to explain that fact to................... Income Tax Department and pay....

 

tax 30% + interest in arrears + 100% in fine for tax evasion........................on that unaccounted money in her name!!!! oe else admit that ..................................that money is given by husband to her !!!! which again negates her claim that 'her husband was careless about her'

 

So the wife is getting caught in the web woven by herself!!!

 

Husband was a salaried person through out...and had less scope to any tax evasion/avoidance. and His resords are very straight forward and simple.

Jamai Of Law (propra)     10 December 2010

My sincere thanks to Mr Prabhakar ji for his replies as in  below link!!

https://www.lawyersclubindia.com/forum/Caveat-at-Family-court--15784.asp

 

 

Sakshi Sakshi (Self employed)     10 December 2010

Jami of law,

 

 

Read the law carefully.....you have hugely mistaken about caveat..........and its intension.............if I am not drunk!!

 

 

Caveat is not like a 'show cause notice' of other party's misdeeds....

 

 

Don't take definition and words 'warning and admonition.

 

 

Rather, Caveat is like a preemptive measure against likely moves by other parties....and like an 'alarm set in the clock' against any moves by court behind your back...and warning that you should be made awake before any action is taken against you.

 

 

Instead of a Caveat, just shoot a 'show cause notice' to wife as to why criminal complaint/tax evasion complaints shouldn't be instituted/registered against the wife?

 

 


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