Suggestion required -false and manipulated case
Sk Rajjak Hossain
(Querist) 19 June 2018
This query is : Open
Dear Sir,
Am belongs from Muslim family and doing Corporate job since 2008 and worked with different company, in 2011 my Marriage was solemnized and after 3 months valid Muslim social Marriage was observed with the presence of both the parents. In 2012 a sweet and charming baby girl was born whose current age is 6.6yrs. We had lived near Father-In-law residence but my family was living my parental city which is distance between two town is 150 KM. There are no such relation found between my family members with Us.
In May 2016 Dear wife has filed a false case 498 and other section, against me and my family. Case has filed on court to applied sec 156 but where she living local Police station is too close, we can address as door step. Once this case has filed magistrate has instructed to local PS for investigation the case. IO of this case has submit his statement in court that all the scenarios which has stated by my wife was manipulated and local feedback against me is absolutely good and on the basis of few relationship proof documentations my family members got bail easily. IO also asked to my wife if you have any injury reports please submit this within the 15 days of notice but she has submit a confirmation statement that there are no such injury reports had. After their bail this well planner lady has made a complaint in front of magistrate that the IO has not co-operate with him as this is the case of women so need to appoint lady IO. Court has accept her request and appoint a Lady IO. I was arrested and got a bail after 25days, new IO has submit her charge sheet against us. But final charged yet to fixed of main 498 case.Once my bail has granted by Session Judge, suddenly she has filed a bail Cancellation case against my family members in Session court, which is still is in S/R status since Aug 2016.
On Aug 2016 she has filed Mr case sec 125 which is in evidence stage since Dec 2017 and DV case against me and my family members where she has submit my income proof as alls are offer letter from the company not a appoint letter as well as salary slip, also mention that Haldia Port Trust is self owned company of mine but originally it’s a central Govt enterprise. Another statement is that I have 4 vehicles which is under contractual business with differ company, originally I don’t have any vehicles’. without any notice to us court has passed a interim order as Rs 3000+1000/- Once I have got 1st notice am appear on that DV case and known that order. I have submit written objection as denied all fact and modify the order on basis of originality. JM court has accepted my objection letter and order for hearing.
Then my wife has contacted with me and try to rectify herself but her mother is not agreed to solve the matter amicably. She has faced major illness and Doctor has suggested a operation must be need for remove stones from Gallbladder. I have taken charged and bear all charges to do the operation. After Feb 2017 her advocate not appear in JM court for hearing, only her Haziran has been submit. We are made all notes with JM as Haziran submit but advocate not appear for hearing, any kind of copy not to serve with us. Within this time I have paid 2000 P/M via her Bank account till Jan 2018. Not only cash all types of daily requirements I have booked on online and she has rejected during deliver.
On Feb 2018 She has lodge another case MAT SUIT to take the benefits of Special Marriage Act which is in S/R stage. On March 2018 She has changed her Advocate and lodge another case as CR execution, court want show cause as why am not paying 4000/- monthly which arrears is 60000/- for 15 Months. This case is in S/R stage after 2 notice returned as am not living on the given address. Suddenly the records of this CR EXC case was not found in court’s record room.
Now my enquires is as below :-
1) As the two IOs of this case has submit different statement, should I get the benefits in favors of us.
2) Bail cancellation case’s movement is still zero, and as per record no such error has found for cancellation the given bail, what is best way to proof herself as false case has been lodged
3) In DV case I have demanding as she need to proved her all statements along with my income proof, then whatever the order court will passed I will obeyed. Can court will find the proof and pass the realistic order.
4) In MAT suit I have not appear yet. I am not appear court will pass the order in favor of wife. Also want to wife has any right to lodge Mat Suit.
5) She has lodge Exc case for demanding interim payment whose order copy has not been served yet to us. Should she claimed for 15 Months.
6) If she will eligible for interim maintenance payment, what reason she has managed to escape from this case to hide the case record.
Dear Experts kindly share your valuable inputs on above 6 points.
ABDUL RAZIQUE
(Expert) 23 June 2018
ANSWER
1) You may get benefit of doubts,
2) defendant has right to file bail cancellation application and the court do work as per procedure and norms, if there is no ground or error is occur, no matter of fall in difficulty.
3) yes, you may file objection if without any documents court passed an order of maintenance.
4) Not appear before the court you are liable to punish, you must appear before the Ld court and file your order.
5) yes she can claim the payment passed by the Ld court.
6) misplace of case record may be a tactics of petitioner, so, it is your liability to file application before the Ld. Court to bring out the case record for smooth process.
Sk Rajjak Hossain
(Querist) 25 June 2018
Dear Sir,
Just want to know the below details.
6) misplace of case record may be a tactics of petitioner, so, it is your liability to file application before the Ld. Court to bring out the case record for smooth process......what kinds of tactis, kindly share ur views
