Need help in dv case
sushila modi
(Querist) 15 March 2012
This query is : Resolved
Dear and Respected all,
My sons lawyer had submitted his 340 Crpc application. in DV case
1- can respondent(son) can claim his given money to wife family in cash and have some message proofs in this regard.
can claim be made in the same trial court?
along with application and evidences.
2- another query, trial Court first considers the application of 340 crpc or we have to make an appeal for consideration to the application.
thanks in advance.
PARTHA P BORBORA
(Expert) 15 March 2012
you can not claim for repayment in dv proceeding. but i donot understand why your lawyer filed an application u/s 340 Cr. P. c. Because in the DV case you must be the opposite party and Sec 340 Cr. P. C laid down the procedure in cases of Sec 195 Cr. P. C. section 195 is about the procedure of Section 172 /188 IPC WHICH IS ABOUT prosecution for contempt of unlawful authority of public sarvent for offences against public justice or offences relating to documentary evidence!!!!!!!!!!!!!!!!!!!??????????
Shonee Kapoor
(Expert) 16 March 2012
340 application can be kept pending till the final disposition of the case.
Rest of the query has been answered in seperate thread,.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
