IPC415 & 420
R.SHAH
(Querist) 29 December 2010
This query is : Resolved
sir,
my ex-wife by concealing /suppressing her remarried material facts obtain order in session court. and same order was executed in lower court for amount beyond her remarraige date. now i m planning to file fraud case can IPC 415 & 420 be attracted in my case along with IPC 209 & 210.
kindly be advise
Ajay Bansal
(Expert) 29 December 2010
Yes complaint u/s 415/420 can be filed against her.Even you can file an application against her u/s 340 Cr.P.C. in Court.
R.SHAH
(Querist) 29 December 2010
SIR, U/S 340 CRPC MEANS IN SAME CASE ALONG WITH IPC209,210,415&420 AND U/S340 CRPC.
OR
APPLN. U/S 340 CRPC IN SAME COURT WERE SHE MISREPRESNT AND FALSE PLEADINGS WERE MADE.
KINDLY CLEAR ME AGAIN AND ANY OTHER SECTION CAN I PUT IN THE SAME COMPLAINT. AS I WANT TO MAKE PRIVATE COMPLAINT BEFORE MAGISTRATE.
KINDLY ADVISE ME.
Devajyoti Barman
(Expert) 29 December 2010
The sections you are talking about should suffice to bring justice.
R.SHAH
(Querist) 29 December 2010
DEAR EXPERTS,
I WOULD MAKE SOME BRIEF OF CASE,
MY EX-WIFE CONTESTED MY REV.APLN. IN SESSION COURT AGAINST THE ORDER OF THE TRAIL COURT IN U/S125 CRPC. ON GROUND OF NO DIVORCE / VALID TALAQ AND I MADE APPEAL THAT SHE IS DIVORCEE AND MAINT, CAN CLAIM U/S 3 OF MUSLIM WOMEN ACT. NOT IN 125CRPC. DURING HER CONTEST SHE REPRESENT HERSELF HAS A WEDDED WIFE OF MINE AND NOT REMARRIED. SESSION JUDGE ALSO CONSIDER SUBMISSION OF NOT REMARRIED AND CASE LAW OF SC RECENTLY PASSED THAT EVEN DIVORCE WOMEN CAN ENTILED TO MAINT. IN 125CRPC.
SHE & I ALSO SIGNED THE JUDGMENT COPY OF SESSION COURT AS SEEN IN REV.APPLN.FINAL ORDER PASSED ON 22/06/10.
THEREAFTER, SHE EXECUTED THE SAME PENDING EXECUTION PROCEEDING IN COURT WITH SUBMITTING THE JUDGMET COPY OF REV.APLN. AS STAY VACATED AND SHE IS ENTILED TO RECOVER ARREARS OF AMOUNT.
SHE SUCCEDDED IN OBTAINING ORDER ON ISSUING DISTRESS WARRANT OF AMOUNT xxxXxx WHICH IS BEYOND HER REMARRIAGE DATE.
I CAME TO KNOW 4 MONTHS AFTER FINAL ORDER OF SESSION COURT, THAT IS GOT REMARRIED ALREADY DURING PENDING OF THE REV.APPLN. AND SUPRRESSED / CONCEALED THE REMARRIGE FACTS AND OBTAIN THE ORDER. SO I FILE PETITION U/S127CRPC TO CANCELLED THE MAIN ORDER. AFTER THAT IN REVOCVERY PROCEEDING DATE SHE HAS SUBMITTED THAT SHE GOT REMARRIED ON FEB.10 I.E. AFTER MORE THAN 8 MONTHS AND AFTER FILIING OF OUR APPLN. IN 127 CRPC, ON NOV.10 SHE WAS REMARRIED ON DATE WHICH IS BEFORE FINAL ORDER OF SESSION COURT IN REV.APPLN.
ALREADY WE BROUGHT FACTS BEFORE EXECUTION PROCEEDING COURT ABOUT HER FRAUD, JUDGE STATISFIED IT'S FRAUD CASE BUT NO ACTION IN EXECUTION PROCEEDING.
HENCE I WANT TO FILE FAUD CASE UNDER IPC 209,210,415,420 IPC.AS PRIVATE COMPLAINT.
MY ADV. SUGGEST ME WE CAN'T FILE 209,415&420, FOR 209 WE HAVE TO FILE BEFORE SAME SESSION COURT FOR ENQUIRY AND ACTIONS U/S 340 CRPC, WHEREIN THIS REV.APPLN. IS DISPOSED OFF AS DISMISSED 5 MONTHS BACK AND I CAME TO KNOW FRAUD / HER REMARRIAGE AFTER 4 MONTHS OF FINAL ORDER.
KINDLY ELABORATE ME THE
ABOVE IPC'S CAN BE MADE IN MY CASE, OUT YOUR BUSY SCHEDULE. AND ALSO EXPLAIN 415 & 420 APPLICABLE IN MY CASE.
I THANKS YOU ALL IN ADVANCE.
