LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

bail498 (Junior Advocate)     21 December 2011

Quashing/stay order on domestic violence act

Dear All,

In my DV case she had admitted false MLC making injury herself,admitted to hospital herself.In FIR IPC mentioned are 498a,323,114,506,504 & BP act sec 135.

Crpc 125 & Child custody cases are running in Family court same juridiction that is for DV.

Now,according to my knowledge DV is naturewise Civil law,498a is crime.

So,to prove the false MLC and other details 498a should run.Untill that 498a is running can we get stay/quashing order on DV?



Learning

 3 Replies


(Guest)

:-)

She has Lied to Court, Make this Notice, this will help you in 498a..And other Case
If possible File Counter
191 Giving false evidence,
192 Fabricating false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false

sibasish pattanayak (lawyer)     22 June 2012

Dear all VICTIMS  OF DV.

    I, being practical lawyer in the trial court in calcutta, after receiving summons from the ld. court my clients handed over to me for appearance , after making  appearance, filed an appeal u/s. 29 of dv act, along with a stay application, stay allowed , wife appeared  in appeal , filed a revisional application before the HONOURABLE  HIGH COURT at calcutta  with a prayer for QUASHING OF APPEAL, on 13th june 2012 after hearing both the party, Honourable court dismissed the revisional application with a direction that , the appeallant is hereby directed..........to go ......to ....the ....addl. session judge face the appeal, as the husband raised the questions of law.

regards,

sibasish pattanayak, advocate, 09874854594 / 09477090999.

sibasish pattanayak (lawyer)     23 June 2012

to,

 all of my LCI SIR MAM and VICTIMS,

IN SO MANY CASES IN DOMESTIC VIOLENCE ACT  LD. Courts issued notice upon the respondents, accordingly respondents appeard  and faced the trial , in my three cases last one year raised QUESTION OVER THE LAW POIN  as ,1)  whether the MAGISTRATE IS EMPOWERED BY THE LAGISLATURE TO TAKE COGNIZENCE AGAINST THE RESPONDENTS AT THE TIME OF ENTERTAIN AN APPLICATION U/S, 12 OF P.W.D.V. ACT 2005 ?   2) WHETHER THE  LD.CMM, LD.ACMM, LD. CJM , LD. ACJM as the case may be is empowered to ENTERTAIN  an application U/S. 12 OF D.V.ACT  and TRANSFER THE SAME BEFORE THE LD. COURT OF JMFC?

 over these two issue , filed three appeals ( in 3 cases where the clients are agreed with my legal opinion) ,LD. DISTRICT JUDGE AFTER HEARING TWO THREE DAYS STAYED ALL PROCEDINGS, AGRIVED  KNOCKED THE DOOR OF HIGH COURT, HONOURABLE HIGH COURT CALCUTTA DISMISSED THE REVISIONAL APLLICATION OF WIFE , WITH A DIRECTION TO FACE THE APPEAL BEFORE THE SESSION JUDGE, ALIPORE ON 13.06.12.

Regards,

Sibasish pattanayak, Advocate/ 09874854594


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register