Seeking advise
PARTHA SARKAR
(Querist) 08 January 2012
This query is : Resolved
Kindly advice under following situation:
1. RCR decree (ex-parte) Execution case pending.
2. Judgment debtor appeared and filed show cause with fresh allegations but in prayer stated want to want to comply with the Ld. Court decree (in decree Ld court directed the opp. party to stay with her husband at her matrimonial home).
3. Against false statement 340 already been filed at the same court.
4. Next date case is pending for filing of affidavit in opposition and hearing.
1. On the contrary judgment debtor is a working woman filed divorce at her own residential and work place jurisdiction.
2. Judgment debtor threatening by her advocate if the decree holder try to contest the suit she will lodge 498A etc. However as per RCR order she is not staying with her husband since Feb, 2008.
Kindly advice under such circumstances what will be the best steps to get justice in favour of decree holder?
Raj Kumar Makkad
(Expert) 08 January 2012
In the given circumstances the DH shall have to insist upon the decree passed against the wife in RCR case and on the other hand, he shall have to contest divorce petition saying suppression of material fact of pendency of RCR petition as well as the undertaking of wife.
Husband should not care for the filing of criminal case rather he fearlessly should defend both the cases.
prabhakar singh
(Expert) 08 January 2012
Do not bow down to bargain,if here JD says to abide by decree no petition for divorce lies.
Shonee Kapoor
(Expert) 08 January 2012
Agreed with Ld. Experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARTHA SARKAR
(Querist) 14 January 2012
Under the above circumstances kindly advise agaist false 498A etc.(by falsely implicating innocent parents and other family member) :
1. After bail should I go for 482 of Cr.P.C. primarily quash if reject try for transfer of the suit at husband places considering his old age ailing parents?
2. If failed should I try for 483 of CrPC to expedite.
Or what other else if any to fight against false case from Ld. Advocates when wife is using 489A as blackmailing tools.
3. Kindly advise should I inform the court accordingly where divorce suit is pending.
4. Is it advisable to insert the matter in the WS?
5. Is it maintainable if a prayer petition files at the respective Ld Court for his intervention?
Or at the respective Ld Court prayer for direction to the local PS and ACJM/CJM of husband and wife's both residential jurisdiction direct them after lodging of such false compliant they must take permission from the Ld.court before arrest.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 14 January 2012
keep cool and follow non contradictory defense.RCR order is imp tool but you should coordinate with your counsel.
PARTHA SARKAR
(Querist) 29 January 2012
Kindly guide me under following situation before lodging false complaint (498A etc.):
Can I file sec 482 Cr.P.C at Calcutta HC before lodging complaint?
1. Can pray for direction to local PS & CJM before arrest they must investigate in spirit of RCR order & subsequent pending execution case.
2. Can pray local PS & CJM before arrest must take leave from this Hon'ble HC.
3. Can pray for necessary direction to local PS for protection to the petitioner to file WS.
On the other hand by filing separate case can I approach HC for ultra-virus order in my special situation as Calcutta HC never allows AB (438) without FIR details?
Kindly guide me.
