Erroneous order by mm court
Rupal
(Querist) 22 April 2015
This query is : Resolved
Hi Experts
Erroneous order by mm court can be directly setaside, quash or stayed directly from Highcourt.
Rupal
(Querist) 22 April 2015
In a Domestic Violence case.
SAINATH DEVALLA
(Expert) 22 April 2015
Erroneous order means not according to established law, particularly in a legal decision or court ruling.
Are U the lawyer or the victim? Certainly U can appeal in the Higher court.
Guest
(Expert) 22 April 2015
Your query is simply an academic query without background of the case. Moreover fault lies on you or your advocate, if erroneous order was passed due to improper presentation of facts.
Anyway, please clarify on what ground you say that the order of the mm was erroneous?
Rupal
(Querist) 22 April 2015
Respected Experts,
We all are the victim. My Bhabhi has not given evidence of any sought of cruelty.
We have given all our written arguments contradicting all her statement in FIR, DV affidavit of evidence and protection officer report.
MM court judge ignored all our evidence and written arguments, which were favoring us.
Judge considered the statement of my bhabhi as gospel truth. whatever bhabhi depose in witness box judge considered that as evidence as well as considered false 498a FIR as evidence.
Guest
(Expert) 22 April 2015
As per the spirit of sec. 498a, innosence has to be proved by the respondent, by material evidence proving false the allegations of the woman petitioner through solid proof.
Mere statements of defence or written arguments do not work, charge has to be proved false. Till proved wrong through effective cross-examination of complainant and witnesses, the evidence of the complainant/ victim is taken as true.
Devajyoti Barman
(Expert) 22 April 2015
participate in trial. Falsity of a case can be proved by trial only.
