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Ranveer (Assistant)     22 June 2013

Proceedings in crpc 340

Hello,

My parents are in middle of a bitter divorce. It started when 4 years ago my mother filed a domestic violence case against my father. As part of domestic violence suit settlement, they divided three properties by keeping one each and transferring the rights of third that was jointly held by them in my name. This settlement was recorded in the court of metropolitan magistrate. After this settlement my father turned vindictive and filed a dozen (12) frivolous injunction cases on my mother and claims on the properties that were settled. He has lied on oath in all these cases and misrepresented the facts and we have moved CrPC 340 and Order 7 Rule 11 applications. How long can arguments on these take? Recently after a failed mediation attempt, he has been threatening my mother that he will destroy my career and he will send letters to Ministry of External Affairs to remove me from US (I am a NRI settled in the US). He has, in the past, sent anonymous defamatory letters to my mother's employers, relatives and to the American Embassy when she returned from a trip to the US to visit me to revoke her travel priviledges. In such a scenario, is it possible for the court to take an exceptional view and let my lawyer present himself during evidence stage in the property casse where I am also a party? Can the court do video conferencing?

Thanks for your suggestions in advance!



Learning

 1 Replies

dr g balakrishnan (advocate/counsel supreme court)     23 June 2013

yes video conferencing in certain courts are allowed. you can prove fraud on your father and vexatious litigation he has resorted too, also adduce evidence that he said that he would attack your career if proved he may face criminal prosecution as he attacked a public servant, under sec 21 of IPC AS  you are public servant, since your in minstry of external affairs, govt of india, besides you are an NRI public servant, so will face serious problems if your lawyer properly takes to lawgical conclusions. regards.


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