Plz help me it is question of life
Ajay Kumar Reddy
(Querist) 16 September 2011
This query is : Resolved
In my 498A,34 case Judgment is done by JMFC. JMFC is given acquittal to my parents but punishment is given to me of 1years and Rs. 1000/- Jurmana. In this Judgment, I have submitted 16 documents which parks D-1 to D-16, but Judge is not mentioned in the Judgment. In this case in evidence it came that from 12th August 2006 we are not residing alongwith each other. First I applied sec 9 in Family court when she has given the condition then I taken back that application. Then I applied Sec. 13 on cruelty ground. I got the divorce decree from Family court on 15th April 2010. When I applied Sec.13 application on the court then my ex-wife forcefully entered with their parents. I have given the application to the Police-station, My ex-wife is denied to give my valuable articles and valuable documents also. Police has not registered that case, then I filed as complaint case under section 200, That case of IPC 406, 34 is registered on 29th Feb.2008. After that court has send the Jamanati Warrant to my Ex-Wife and My ex In- Laws also. That was recived by the court on 7th May 2008. After that she has applied application of 498A against me and my parents that she is applied on 22nd May 2008 without concealing it was registered by Police.
In The Evidence is Mentioned following things but these things are not mentioned in 498A order:-
1. In this case My Ex- Father in law has told that before the marriage and after the marriage no Dowry is demanded by my side. He is also told that they received Jamanati Warrant on 7th May 2008 then his daughter has applied IPC 498A application on 22nd May 2008.
2. My Ex- wife is mentioned that, I have taken her 7-8 time in all over India tour, I have given the permission to participate in fashion exhibition it is also favoured my son who is also given evidence in her favour. My son is residing alongwith her.
3. My wife is told in front of court that I m beating her upto that level that she is going to faint. But this is not supported by their parents and not tell any thing. This thing is also not mentioned in her complaint application and her crpc 161 application also.
4. She is also told that I have given kick on her stomach in pregnant time ( She is talking about 2000 pregnancy time) this thing is also not supported by her parents. She has not mentioned in her complaint application and her crpc 161 application also. She has not provided any medical documents infront of court because at that time delivery was normal and Baby weight was 10.5 Pounds.
5. She has given affidavit alongwith the application of 498A, in that affidavit she has mentioned that one of my neighbor is given application against me. But that neighbor evidence she denied any application by her against me. I have taken the RTI also from Police Station that neighbor has not given any application to Police station against me that is also submitted by me in the court.
6. My ex-wife has given evidence that affidavit is done in Durg (City) but actually it was done in Raipur (City). Notary has come in my favour and told (Under Sec CRPC 315) that I have notrified on Raipur (city) if she is telling it is done in Raipur then she is telling false. It is also not mentioned in the Judgment. This affidavit is also signed and sealed by Notary on 9th May 2008. But she has signed and given the date on application and affidavit 22nd may 2008. Notary is also told that 22nd May written by her not by me. If she is telling it is notrified on 22nd May 2008, it is notrified then it is wrong. This things is also not mentioned in the Judgment.
7. I have applied 340CRPC application against her, on her false affidavit and for giving the wrong information to the court. But Judge has not decided that application. Respected Judge judge has also not called my wife by samanas that I have given the application of 340 CRPC application against her. Respected Judge, is not mentioned in the 498A judgment order also.
8. I got divorce from family court in that decision it is written that 498A application moved because of taking the revenge on IPC406, that order is also not read by Respected Judge. My ex-wife has gone for appeal on the Sec.13, to High Court. That Sec.13 was also in favour of me. In High Court order it is written that this lady only charging and bad comments on his husband and she is not provided any documentary evidence against her and their supportive evidence also not supported her so this is not proved by her allegation. It is also one kind of Mental Torture against her Husband.
So many things which is not corporate by their evidence no documents is submitted by her. But Respected Judge has given the Punishment me. I have submitted 16 documents along with 2nos. Divorce order (Family Court and HC), Certified copy of Jamanati Warrant, RTI letter. Respected Judge has not read and he has not mentioned in the order copy. He has mentioned all the evidence of In Chief material, he has not mentioned any cross examination of any evidence also. Some are the material which is also in my favor in their in chief but it is also not mentioned in the order only that things is mentioned which is against me. Not a single word is written that Judgment in favour of me what evidence I have submitted in under CRPC 315. I really very much upset after getting the Judgment.
I cant understand what I will do I have not done any thing I have given so many documents and evidence but I did not get any benefits. I have given the 15-16 Judgment also of SC, but he has not read any one. So please suggest me what I will do? What Pleading I will take in Session Court. Plz help me experts it is the time for my life and death.
Ajay Reddy
ajay sethi
(Expert) 16 September 2011
if Judicial magistarte has convicted you of an offence under Section 498 A and sentenced you to one year imprisonment you can go in appeal against said order of conviction and imposition of fine .
in grounds of appeal you can raise the plea that judicial magistrate has erred in not taking into account 16 documents filed by you .
in additio n if in cross examination complainant has admitted certian facts which are in your favour but have not been dealt with by the magistrate that plea can also be taken by you .
prabhakar singh
(Expert) 16 September 2011
Mr.Sethi has rightly advised you but all this is a work of a professional lawyer ,hence engage one.
Shastri J.K.
(Expert) 16 September 2011
I agree with mr. prabhakar singh .
Guest
(Expert) 17 September 2011
Shri Ajay Sethi has rightly advised you.
