Fabricated evidence
vikas raj sharma
(Querist) 13 March 2015
This query is : Resolved
sir, i was acquitted from 498a case from trial court. further appeal was dismissed in default. the appeal was also filled late without condonation. now my divorce petition is on final hearing in high court. vide CM order 41 rule 27 cpc i put both judgement of criminal case on record. now opposition filed reply to my civil misc. application in which they show a condonation application saying that it was filed with criminal appeal in session court but ADJ ignore this. i personally examined the record file . there was no condonation application. the copy of condonation application put before high court neither certified copy nor signed by any council. it was only signed by respondent. it is only false and fabricated document produced. what should i do?
Devajyoti Barman
(Expert) 13 March 2015
wHETHER THEY FILED OR NOT, IT HAS NO CONSEQUENCE IN DIVORCE SUIT.
The end result it appeal dismissed and the order acquittal attains finality. So you refer that in the divorce suit.
Dr J C Vashista
(Expert) 15 March 2015
I have similar opinion as advised by the expert Mr. Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
Dont be adamant on that issue alone, you can elicit that the 498a case was dismissed by the appellate court too, that is all. You can follow the divorce case on that angle.
