Ld. Members I need help !
The back drop as follows:
1. A wife as petitioner in a HMA / S. 125 CrPC / DV Act cases files petitioner respectively with sworn oath affidavit. U/s 24 HMA files Oath Evidence Affidavit stating some R/o address which she says is her "correspondence address". Respondent files Under O6 / R 14 A CPC to bring "ordinarily residence of address on record. Petitioner files another application stating she does not wish to bring her "ordinarily residence of address" on record and supports it with another Sworn Affidavit now stating R/o some other address this time and states there that this address is her "complimentary address" and the previous address is also there but it is her "correspondence address". Respondent approaches HC and get direction for trial court. The HC directs trial court to take first issue of jurisdiction then any other issues. Now the respondent files at trail court Under O 7 / R 10 CPC Application to transfer court based on jurisdiction point of law. The trial court asks petitioner / wife to submit an affidavit with her address and address proof at the time of date of filing above respective suits and address with proof on present date. She does not file as directed fresh affidavit as per directions from trial court and instead requests court for settlement. Trial court instead of pressing for fresh affidavit to decide jurisdiction directs both parties for settlements.
2. Further scenario is that the above. Respondent as Petitioner files a GWA suit against above. Petitioner who now becomes respondent in GWA suit. He picks up Memo of Parties Address from above suits of petitioner to file his GWA suit against her. After few returned back Process Service of GWA Court he in GWA Suit also files Under O 6 / R 14 A CPC an Application to bring on record "child's ordinary residence of address" The custody of child is with mother wrongfully all these times. The mother refuses on record to bring on record "ordinarily residence of address" of child. The HC directs petitioner father to file under O 7 / R 10 CPC transfer of court application. He complies. Trial court forwards the whole matter to District and Sessions Judge to do the needful. The District Judge after hearing arguments of natural guardian sends the file back to trial court and asks trial court to take on record under oath fresh affidavit of mother of child stating "ordinarily residence of address" of child on the date of filing and present date. Mother of child does not once again files any fresh affidavit at trial court and instead files above vague applications with supporting affidavit and vaguely asks trial court to ask parties for settlement.
Long back drop sorry !
Under HMA kindly review https://www.vakilno1.com/bareacts/hindumarriageact/s19.htm
Under S. 12 CrPC review https://www.vakilno1.com/bareacts/CrPc/s126.htm
Under GWA Act review https://www.vakilno1.com/bareacts/guardians&wardsact/s9.htm
Now my que are very specific:-
1. What legal action could be taken against wife (petitioner / applicant) in HMA and S. 125 CrPC suits against above clear violation of court orders?
2. What legal action could be taken against mother (respondent) in GWA suit against above clear violation of court orders?
3. What legal action could be taken against the same common advocate who is "identifying the deponent" in all above three matters affidavits?
4. What legal action could be taken against Oath Commissioner who stamped / signed / affixed oath seal in above Affidavits under Affidavit Act when clearly the Deponent is mentioning I, such and such age such and such d/o - w/o such and such "correspondence address" of such and such and further states "complimentary address"of such and such do solemnly hereby.....?
Kindly advise?
Rgds
