Question:
1. If a divorce petition is filed with a rent agreement as residence proof which is found to be forged at a later date can 340 CrPC be invoked and can the petition along with other applications be summarily dismissed with costs for this reason?
2. If Income affidvait of the petitioner contains forged bank statements and if I have raised objections with illustration/proof, then can I be forced by the court to file my "Income Affidavit" without settling my objections?
Facts: (Case pending in New Delhi)
1. Wife filed her divorce petion u/s 13 1 ia along with section 24 HMA and Income affidavit
2. Petiton allowed, notices issued, I filed WS then not knowing that the residence proof is forged.
On the date of hearing when filing WS i told the court I cant afford a private counsel, court ordered appointment of counsel and told to contact Legal aid cell but till date they have not responded so the following has happened.
3. On NDH I hired a low budget lawyer to talk and he managed to object that Rent agreement given as residence proof by wife (on the first date when allowing her petition) is invalid since it has been made and executed illegally (improper stamp duty, no witnesses, notary signed before the date of signing by Lessor) , court ordered police verification of address and directed I file my Income affidavit.
4. On NDH my lawyer went missing, I argued in person and gave written statement of objections so that the court can see the "invalidity" of the rent agreement and also forgery in the bank statements in the Income affidavit of wife and non disclosure of another bank account.
5. On the above date of hearing, police report was also filed in which I shockingly came to know that her actual landlord is the husband of the "Lessor" who had signed the rent agreement as "absolute owner". Also there no mention at all of the landlord's wife who signed as "Lessor" anywhere in the police report.
6. In above hearing Court admitted my objections as an application after giving me a strict warning of exemplary action if my challenege is proved wrong and asked wife to file reply on NDH.
6. On NDH judge changed.
7. New judge in LDH seemed completely biased, my lawyer was late to appear, he did not even inform me whether or not he will be coming so I stated in court verbally that I want to withdraw vakalatnama, judge annoyed at me, lawyer suddenly walks in and says I also want to withdraw my vakalatnama, court allows but the new judge just did not allow me complete a single sentence and wife's very articulate extremely experienced counsel convinced the court that all documents are in order, court warned me to file my Income affidavit on NDH and scolded me that I am wasting time by raising silly objections.
Current situation: Court is not paying heed and the new judge was very upset at the careless manner of previous orders in my case by old judge. This judge's focus is that the jurisdiction is not in dispute, which I have never disputed anyway.
I am challenging the maintainability of the divorce petition on the basis of false documents and false evidence given at the time of allowing the petition. In police report I also shockingly learnt that wife has been working since past 4-5 months while she has not informed this to the court, yet the new judge ignored my statements and wants to continue hearing on her Sec24 application.
My lawyer has good knowledge of law, he is friendly and nice and courteous and I have paid his fees in time also but his english is weak, he knows my case well and he is within my low budget. He has appeared in only 1 of the 4 hearings in the case while in the rest I have argued. I dont know what to do. He has won many cases. Has 10 yrs expr. Im confused.
But now, I dont think that I will be heard properly in person by this new judge since my first impression has gone for a toss.
Also, I have filed section 12 1 c in person in same court with the cause of action being that it was pre planned conspiracy that my wife will not live with me after marriage and that the separation was scriptted drama.
Fist hearing of 12 1 c case is before NDH in divorce case.
My 340 CrPC is ready but due to the attitude of the new judge I know I need a very good lawyer to say the technically correct things for me but my problem is affordability of fees. Its an open and shut case in my favour if argued strongly and correctly. Please somebody guide and help.
If her section 24 is allowed and if I am asked to pay even Rs.10,000/- per month to her I wont be able to survive. Too many business problems to deal with right now. I know I will win if I can survive the fight and have an excellent lawyer to argue within my budget.
