Kaatu Poochi (Kaatu Poochi&Co) 21 June 2014
Respected Sir,
1st I have filed RCR
2nd my wife filed DVA
But in the 2nd case she not informed her petition about my RCR trail in family court. She filed DV case not clean hand.
is this contempt of the court? If yes what should I take action against her?
Dr J C Vashista (Advocate) 21 June 2014
The given facts do not constitute any contempt of court, rather it is concealment of facts before the court which, if emphasised shall benefit and favour your case.
Laxmi Kant Joshi (Advocate ) 21 June 2014
Kaatu Poochi (Kaatu Poochi&Co) 21 June 2014
Biswanath Roy (Advocate) 22 June 2014
IT IS A CASE OF SUPPRESSION OF MATERIAL FACTS NOT A CONTEMPT.
Kaatu Poochi (Kaatu Poochi&Co) 22 June 2014
Honorable Biswanath Roy Sir,
What is SUPPRESSION OF MATERIAL FACTS? This terms useful to dismiss/weak the DV case.
Kindly advice me what is this and what is the procedure.
Biswanath Roy (Advocate) 23 June 2014
In your case material facts is RCR which you filed against your wife. This fact was deliberately and willfully suppressed by your wife in her DV application. Does it not constitute 'suppression of material facts?' Suppression of material facts in an application shall reject the petition
Kaatu Poochi (Kaatu Poochi&Co) 23 June 2014
Valuable reply thank you very much Honorable Biswanath Roy Sir,
T. Kalaiselvan, Advocate (Advocate) 24 June 2014
Suppression of fact material to her case will always weaken her case. During trial, while cross examining her, this fact may be brought to light and establish before the court that she intentionally concealed the fact of pending case before the court in order to attract sympathy of the court misusing the the provisions of law by approaching the court with tainted hands. You can prevail upon her on this issue which may lead you to get the DV case dismissed. Discuss with your lawyer and proceed accordingly.
Kaatu Poochi (Kaatu Poochi&Co) 24 June 2014
T. Kalaiselvan, Advocate (Advocate) 29 June 2014
You are welcome for your appreciations. Please be in touch with yor advocate after having taken so much pain to obtain valuable advises from many senior advocates from this forum, so that your advocate does not miss the bus at the last moment.
Kaatu Poochi (Kaatu Poochi&Co) 29 June 2014
Sure sir,
Thank U very much
Kaatu Poochi (Kaatu Poochi&Co) 29 June 2014
Thank lot all experts
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