dowry harrasment
s
(Querist) 05 September 2009
This query is : Resolved
I am working in defence. My brother-in-law's wife has filed false dowry harassment charge on my in-laws, my wife and self. she has filed this as counter blast to divorce petition which my brother-in-law has filed. i would like to know is can defence personnel seek exemption from attending courts everytime the case comes for hearing. It is quite difficult for me to attend the court regularly as leave cannot be granted to me. secondly what would happen if i get posted out to different place? presently i am posted at the place where the case is filed.
Adinath@Avinash Patil
(Expert) 05 September 2009
You can apply to court for permanant exemption.But it will depend on grounds for exemption.It is descretionary power of court.
Raj Kumar Makkad
(Expert) 05 September 2009
I think u should hotly argue at the time of charge and as per current ruling of various Courts, you and your wife both have full hope of discharge and if this happens (becs it is all most primary stage after filing charge-sheet), you shall permanently be out of case. I think rather adopting other recourses, you adopt this process and permanently settle the scores.
n.k.sarin
(Expert) 05 September 2009
both are advised very well.
Sarvesh Kumar Sharma Advocate
(Expert) 05 September 2009
ffile an applicatn of parmanent exemptn before d court .
can be consider,with undertaking.
PARTHA P BORBORA
(Expert) 06 September 2009
PL ASK UR ADVOCATE TO FILE A PETITION US-205 CR. P .C WITH A PRAYER TO ALLOW U TO DISPANCE WITH UR PERSONAL APPEARANCE BEFORE THE COURT AND ALLOW UR ADVOCATE TO REPRESENT U.
Guest
(Expert) 06 September 2009
NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI)ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE COURT CASE KINDLY NOTE THAT
1.YOU ARE SERVING AS A DEFENCE OFFICER.YOU ARE NOT GETING ANY LEAVE REGULARLY AND HENCE YOU CAN SUBMIT A DISCHARGE APPLICATION TO THE COURT THAT YOU HAVE NO CONNECTION WITH THE CRIME AND YOU HAVE BEEN FALSELY INVOLVED IN THE CASE HENCE YOU MAY KINDLY BE DISCHARGED.
2.YOU CHECK THE DATE OF COMPLAINT AND THE OTHER DATES MENTIONED IN THE COMPLAINT FOR DEMAND OF MONEY FROM THE COMPLAINENT.AND PLEASE NOTE THAT IN CASE ON THOSE DATES YOU WERE ON DUTY AND YOU CAN PROVE THE SAME WITH LETTER FROM YOUR OFFICE THEN YOU CAN BE DISCHARGED AND ACQUITED FROM THE CASE.
3.KINDLY NOTE THAT YOU MAY FILE AN APPLICATION FOR PERMANENT EXEMPTION TILL TRIAL AND EVIDENCE STARTS.COURT WILL CONSIDER IT AND MAY ALLOW YOU EXEMPTION FROM ATTENDING COURTS ON ALL DATES TILL THE ACTUAL EVIDENCE STARTS.
4.YOU MAY FILE AN APPLICATION UNDER SEC.482 OF CRIMINAL PROCEDURE CODE TO THE HIGH COURT AND PRAY FOR QUASHING THE COMPLAINT BY MENTIONING THE REASONS AND GROUNDS WHICH PROVE YOUR INNOCENCE .HIGH COURT WILL CONSIDER THE SAME AND MAY QUASH THE COMPLAINT AGAINST YOU AND ACQUITE YOU.
IN CASE YOU NEED ANY FURTHER HELP THEN KINDLY SEND THE DETAILS OR CALL.
WITH BEST REGARDS TO YOU, YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
Somnath mukherjee
(Expert) 06 September 2009
You can apply to the court for u/s205 for permanent exmption
Prashant Kumar Jha
(Expert) 06 September 2009
i appriciate the advices given by our learned friends particularly Mr Sawant has clarified all the steps which u can carryout for ur discharge from the case
Bhumik Dave
(Expert) 07 September 2009
File an application u/s 205 of Cr.P.C. for permanent exemption. But i also fully agreed with mr. SAWANTriven
DR.P.L.NAWALKHA
(Expert) 07 September 2009
HARRASSMENT IS A COGNIZABLE TERM,IF ONE PARTY IS WEAK AND OTHER IS POWERFUL.AS ON TODAY,MARRIAGE IS A NEGOTIATIONS BETWEEN ELIGIBLE AGE GROUPS OF TWO DIFFERENT SEX INDIVIDUALS.EXCEPT FOR EMOTIONAL UNPREDICTABILITY ,EVERY THING IS PRE-ASSESSED.EMOTIONAL DISPARITY OF IRREVERSIBLE NATURE PROVIDES AVENUE OF DIVORCE FOR HEALTHY INDIVIDUAL LIFE STAKES.THE QUESTION OF HARRASSSMENT DOESNOT ARISE. DIVORCE IS CONSIDERED A TABBOO BY BOY AND GIRL.THEY THEREFORE USE THE TERM HARRASSMENT,A TERM USED FOR BLACKMAILING,IN MARITAL LIFE,TO MALIGN EACH OTHER. LEGAL PUNDITS SHOULD REVIEW AND REVISE ITS APPLICABILITY,SO AS TO NULLIFY ITS USE AS BLACKMAILING INSTRUMENT.riven
PALNITKAR V.V.
(Expert) 08 September 2009
Please check the following provision together with the relevant Act governing your force and make suitable application to the court through the commanding officer.
Cr.PC
475 . Delivery to commanding officers of persons liable to be tried by Court-martial.- (1) The Central Government may make rules consistent with this Code and the Army Act, 1950, (46 of 1950)the Navy Act, 1957, (62 of 1957) and the Air Force Act, 1950, (45 of 1950) and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall be tried by a Court to which this Code applies or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air force station, as the case may be, for the purpose of being tried by a Court-martial.
Explanation.- In this section-
(a) "unit" includes a regiment, corps, ship, detachment, group, battalion or company,
(b) "Court-martial" includes any tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union.
(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
riven
Sachin Bhatia
(Expert) 11 October 2009
Yes you can apply to court for permanant exemption.But it will depend on grounds for exemption.It is descretionary power of court.
