Rcr, crpc 340 false dv case, crpc 125, 498a....
aman rajput
(Querist) 18 March 2013
This query is : Resolved
Dear Sir I got married in November 2004. After approx 6 years of marriage i.e. on September 2010 my wife left her matrimonial house due to dispute for regular interference of my in laws in our family since marriage .
After 5-6 months of leaving my company i.e. on March 2011 I filed RCR to let join my wife her matrimonial home back in reply of which she submitted her application under Sec.24 under HMA where she filed false affidavit that she is not capable of earning and had no source of income and is totally dependent on her parents etc. etc. and morever when she didn’t turn up for mediation inspite of court order in RCR case later on after 6 months i.e. on September 2011 I also filed Custody case for my 4 years daughter in return of which she filed false complaint against me in women cell i.e. in September 2011 itself only i.e. after approx 1 year of leaving her matrimonial home and further later on that complaint got converted into false FIR under Sec. 498A in March 2012 after the reconciliation process failed by the women cell also
In December 2012 i also got summon for false cases under domestic violence and CRPC 125 filed by my wife in which she had confirmed in her petition in one of the point to the court that earlier also she had filed DV case and CRPC 125 case in the same court on September 2011 which has been later on withdrawn by her on August 2012 and which is too also not in my knowledge & eventually the court dismissed both the cases. I immediately rushed out to the record room of the court after knowing this fact and been able to take out the earlier petition copy filed by her under DV and CRPC 125 and came out on the conclusion that the cause of action mentioned in the petition for both the cases filed by her earlier is the same as I received in December 2012 there is not even a single percent difference in it except my residential address is been wrongly written as “House No. 309” instead of “H-309” that’s why the summon couldn’t reached to me earlier.
Now Sir as per my knowledge the change of address can be amended in the same petition on her request to the court if she desires but she didn’t ….Morever On my recent date of RCR i.e on February 2013 eventually I also got little bit offensive and filed CRPC 340 with her ITR copy in reply to her Sec. 24 HMA under IPC 209, 191, 193,etc. but the court has kept my CRPC 340 in abeyance right now, therefore viewing the said facts could your goodself pls reply my below said questions as under :
1.What could be the reason of withdrawing her earlier petition from the same court for DV & CRPC 125 case filed by her against me…??????????
2.Can her present petition for DV case be dismissed by the court immediately on the ground that how can she re-file DV Case again for the same cause of action for which she had herself withdraw earlier and moreover when she hadn’t joined her matrimonial home in between for a single day from leaving her matrimonial home since September 2010.???????????? If possible pls also provide me the judgement copy if its there ever in the same regard
3.What best possible steps your goodself suggest me to take my case on to stronger side so as to also create base for the coming case of 498a also which is yet to be summon on me by the court …???????????
Nadeem Qureshi
(Expert) 18 March 2013
Dear Aman
1.What could be the reason of withdrawing her earlier petition from the same court for DV & CRPC 125 case filed by her against me…??????????
Opinion: It's depend on her, we are unable to give any reason that why she withdraw the same. but may be she mentioned the reason in recent Complaint/petition
2.Can her present petition for DV case be dismissed by the court immediately on the ground that how can she re-file DV Case again for the same cause of action for which she had herself withdraw earlier and moreover when she hadn’t joined her matrimonial home in between for a single day from leaving her matrimonial home since September 2010.???????????? If possible pls also provide me the judgement copy if its there ever in the same regard.
Opinion: The DV case can be filed only within one year from the date of Violence and not after that, so this DV case will be dismiss. remaining case 125 Cr.PC if you have ITR then after receive summon from the court file a written statement along with ITR copy, the court may pass an order to dismiss this case too.
3.What best possible steps your goodself suggest me to take my case on to stronger side so as to also create base for the coming case of 498a also which is yet to be summon on me by the court.
Opinion: as you informed that FIR has been registered u/s 498A of IPC then court will not summon you or your family, may be police arrest you and another accused, file AB if Ab is applicable in your state otherwise file a arresting stay petition before HC.
Feel Free To Call
Devajyoti Barman
(Expert) 18 March 2013
1. No reason is given to withdraw.
2. DV can be filed afresh.
3.Go for quashing,
Raj Kumar Makkad
(Expert) 18 March 2013
I do agree with the advice of the experts.
aman rajput
(Querist) 18 March 2013
Nadeem Sir We already had been granted bail from the session court ......Can You pls provide any judgment copy of filing the DV Case under one year of violence as i m totally confused as other respected lawyers are saying that there is no time limit of filing DV case.......As per my knowledge my wife can claim maintainance for my daughter atleast from me ....is it????
Raj Kumar Sir pls put some light of your opinion also becoz opinion of Debajyoti Sir & Nadeem Sir are totally different about DV case....I m confused to whose opinion should i rely with....Help me..!!!
ajay sethi
(Expert) 18 March 2013
there is latest judgement of of bombay high court that DV case has to be filed within 1 year of leaving matrimonal home .
ajay sethi
(Expert) 18 March 2013
on the other hand there are judgements that DV is a continuing offence and wife can make application any time
aman rajput
(Querist) 18 March 2013
But Respected Ajay Sir Can her present petition for DV case be dismissed by the court immediately on the ground that how can she re-file DV Case again for the same cause of action for which she had herself withdraw earlier and moreover when she hadn’t joined her matrimonial home in between for a single day from leaving her matrimonial home since September 2010.????????????
If possible pls also provide me the judgement of bombay high court copy that DV case has to be filed within 1 year of leaving matrimonal home .
Raj Kumar Makkad
(Expert) 19 March 2013
It has to be seen what was her statement while withdrawing the earlier DV Act case. There is no legal bar to re-file the application under section 12 of DV Act.
