Not repeating but waiting for seniors help
Arvind Singh Chauhan
(Querist) 06 October 2012
This query is : Resolved
Sir please give your valuable guidance- on-
http://www.lawyersclubindia.com/experts/125-128-cr-p-c--343411.asp#.UHBXU1IpO_s
ajay sethi
(Expert) 06 October 2012
reproduce your query here .
R.K Nanda
(Expert) 06 October 2012
state ur query.
Arvind Singh Chauhan
(Querist) 07 October 2012
AAA(lady) married with BBB putting him under intoxication and undue influence and got marriage certificate from araya samaja also. While her husband is still alive and there is no divorce between them.
After doing such all, she has grabbed all his money and retirement dues. When BBB's son knew this he took his father with him.
AAA filed 125. BBB appeared and didn't filed written objection only filed compromise that "HAMARA SAMJHAUTA HO GAYA HAI. HAM MAMLE KA IS ADHAR PAR NISTARAN CHAHATE HAIN". He also recorded his statement that "HAMARA SAMJHAUTA HO GAYA HAI. HAM MAMLE KA IS ADHAR PAR NISTARAN CHAHATE HAIN MAIN PRARTHINI KA BHARAN POSAN KARTA RAHOONGA". Court fixed the maintenance amount.At that time BBB was under impression of crook lady.
Now BBB is with his son and ill. AAA has filed for the recovery of 12 month's maintenance amount.
How BBB can cope with this situation.?
BBB didn't filed written objection-whether it amounts admition of marriage. Even in his oral evidence there is nothing that AAA is is wife.
What is the remedy now when he can't file appeal. How can he obtain stay on recovery.? Sir neither in compromise nor in his statement there is a word that he is husband of AAA.
V R SHROFF
(Expert) 07 October 2012
Criminal court cannot decide status of marriage of parties.
not filing WS does not amount to proof of marriage.
Ur story cannot be digested. one canbnot be under pressure or under intoxication and undue influence , for so long & in Court also.
Who stops BBB to lodge Police complaint??
Arvind Singh Chauhan
(Querist) 07 October 2012
Thanks Shroff Sir! for your valuable advice.
If I file declaratory suit to declare this marriage null and void on the ground that AAA's husband is still alive and it is not legal marriage in civil court.
Whether civil court's finding on such matter may help to stop the execution of order under 125.
whether BBB can approach to HC under 482 for any such relief.
V R SHROFF
(Expert) 07 October 2012
YES.
Get Declaration from Senior Division Civil Court . It is binding on Criminal Court.
YES, civil court's finding on such matter will help to stop the execution of order under 125.
u hv to move Sessions Court after getting Declaration of Civil Court.
Arvind Singh Chauhan
(Querist) 07 October 2012
Thanks a lot Sir for guiding that after civil court I have to go to session court not in JM court. Sir Kindly refer citation if you have whenever you have time.
V R SHROFF
(Expert) 07 October 2012
For citation u hv to dig ur self.
