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BHARATI MITRA (ES)     24 December 2014

340

Dear Experts, need some clarification.  One of my family friend is facing the divorce case filed by his wife (33 years of marraige).  Now its the 3rd year and the hearing of exhibits have started.  After the document submission by the wife, he has found out lots of lies mentioned under oath in her various applications.  Hence he has filed PERJURY(340) against her a year back.  But the issue is the judge of that court is not taking up that application and instead taking up all the exhibits submitted by the wife from which she will benefit. 

It has been given to understand to him that if a Perjury is filed, the court has to give priority to this criminal application than to any civil issue pending with them.  IS THIS RIGHT.  If so why is the judge dodging this application and taking up only applications submitte by the wife and not even considering the replies filed by the husband and just passing orders favouring the wife.

KINDLY HELP



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 5 Replies

VIJAY KUMAR BANSAL (ceo)     24 December 2014

u can file an appeal u/s 341 / 343 CrPC. move an application for transfer of ur case to some other court and move a specific application in the court to decide ur 340 CrPC application first before proceeding further. There is an array of case-law on this. The court does not have to wait for evidence. just prima-facie case has to be made out. more later ... ceo@cybermall4all.net , vicor_soft@yahoo.com

BHARATI MITRA (ES)     29 December 2014

Thank you Mr. Bansal, he had filed an MA for change of court but the Principal Judge dismissed the application.  Looks like all are hand in glove.  Dont know what is happening.  I will inform my friend to act on what you have suggested.  Please guide if you know anything more on this.

VIJAY KUMAR BANSAL (ceo)     30 December 2014

let me know more details - who u r , from which state and the same about your friend - I cant say much more unless I see the file. I am based in New Delhi. 9899754701 - vicor_soft@yahoo.com , ceo@cybermall4all.net

BHARATI MITRA (ES)     30 December 2014

We are from Mumbai.  What law do you practice - criminal/civil?

BHARATI MITRA (ES)     05 January 2015

One more advise..... unfortunately he is not getting a good lawyer who is able to present his case in front of the current Judge.  Is it possible that taking permission of the court instead of lawyer he presents his own case.  Is there such provision in the Court of Law because one who is the sufferer knows the case better than any one else.


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