S S K Sadhu (BCA) 10 May 2011

Stopping MP in MC which is at HC

Friends/Lawyers/LCI members

I had posted 2 threads regarding my MC case but got only incomplete replies and admit they were faster replies compared to some other sites. I regret to say that i was not getting the best of LCI.

I had faced a 498a case from which i got acquitted. I was acquitted of charges under 498a IPC by vizayanagaram court and mentioned the findings of the judge in her judgement. The copy of judgement was not attached as attach file option is not properly uploading files.

These were the findings of 498a case judge in her judgement.

[ "The entire evidence is clear that after obtaining application from higher studies PW1 gave report to the police and immediately after giving report to the police, she joined degree and as per the deposition in FCOP 93/2008, she mentally decided to give divorce to A1"

and in the 11 the page 3 rd para

" it is clear before this court that PW1 is not interested to lead martial life with A1 and thereby she wrote a letter to A1 and left the conjugal society and PW2 admitted that EX. D14 signature and Ex P1 was written by one person and the contents of the letter also written by her daughter there is no necessity to get opinion of the expert when there is a clear admission of PW2" ]

I was told by the opposite lawyer that the judgement was drafted carefully that it would not enable me to take advantage of it, seeing my aggression in the case. But still i see that in the judgement, all the allegations were discussed and found by the court all the allegations were unjust. I cannot say that as all allegations were not proved and I am correct.

Question is

1. Can i file any case against her for filing false case?

2. Can this findings of a lower court judge be ragarded as facts by the high court?

3. Before completion of 498a case,she was awarded an amount of 2000/- per month by MC case judgeon feb 2009 , and I challenged it in HC hyderabad in April 2009 ie before 498a acquittal(Sep 2010). Can the finding of 498a case judge get refered in HC for MC revision case? I strongly feel that i would win in MC case as it is proved that she left my company gving me a letter(which can regarded as mutual consent i.e, she wants to leave by giving me a letter and I agreed to give her free exit). what are my chances?

5. Now the MC case at HC hyderabad was not moving fast which incur me more amount to be paid to her if files thorugh an MP in MC. Can i stop the MP in MC as the case pending HC HYD since 2009?. I want procedure to appeal and to whom about the delay?

That all for now. Please feel free to respond and sorry that this thread is long.

Thanking you all

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 10 May 2011

I regret to say that i was not getting the best of LCI.
Take: You are still hanging here shows that LCI Legal portal is much better than competition inspite of biased (read as fishing) commented response of yours.

Question are;

1. Can i file any case against her for filing false case?
Take: Yes no. of counter attack criminal cases can be filed now that the finding of lower Court favors you. You have a ld. Advocate talk to him on the roadmap ahead.

2. Can this findings of a lower court judge be ragarded as facts by the high court?
Take: It is persuasive as relevance for which you have approached HC are persuasive to main charges against which you have already been acquitted of.

3. Before completion of 498a case, she was awarded an amount of 2000/- per month by MC case judgeon feb 2009 , and I challenged it in HC hyderabad in April 2009 ie before 498a acquittal(Sep 2010). Can the finding of 498a case judge get refered in HC for MC revision case? I strongly feel that i would win in MC case as it is proved that she left my company giving me a letter(which can regarded as mutual consent i.e, she wants to leave by giving me a letter and I agreed to give her free exit). what are my chances?Take: File S. 127 CrPC for change of circumstances showing finding in trial court Judgment of acquittal.

4. I did not file divorce till date, it has been 4 years of separation. I had a doubt regarding permanent alimony issue in divorce cases, for this reason i did not file any divorce case. I want clarification when a spouse will get permanent alimony. what's the quickest way to resolve a divorce case (fast track) want procedure for making it happen?
Take: Pmt. Alimony is sought at the time and or at any time of divorce proceeding decree stage. You can request for fast track disposal of divorce suit as and when it is filed. The fastest way is to make her sit across round robin and jointly file MCD based on agrreed terms and ocnditions between you two. With 6 months wait it is over with in ideal situations. We don’t know depth and length of your ‘ideal situation’ hence elaboration is not called for.

Now may I know if other legal portals did they give such to the point answers to you :-) No na that is why you are here...........................

Take: Appeal can happen only if you are aggrieved of order. What is your aggrievement you have not mentioned in this long sentence so procedures may not be given based on confusing question of yours.

S S K Sadhu (BCA) 11 May 2011

Sir,

I had posted 2 threads regarding my MC case but got only incomplete replies and admit they were faster replies compared to some other sites. I regret to say that i was not getting the best of LCI.

I admitted myself that our site replies faster compared to other sites but it was incomplete, I said so because I am no lawyer. I also admit that my questions were confusing to your intellect. I am just a common man craving for justice.

To the points:

You said that there were "no. of counter attack cases can be filed", will you please qoute some cases that can be filed. I want to get a brief because I was doomed to say this, many lawyers now-a-days are not interested in fighting against false cases etc;

Is this permanent alimony compulsory thing even if she left her matrimonial home by herself without showing any proof?

Now may I know if other legal portals did they give such to the point answers to you :-) No na that is why you are here...........................

Yes i got an interim order to pay 1000/- till the case is completed at HC Hyderabad. Now

I had paid 28,000/- as ordered by the HC Hyd but it has been 24 months and the matter is struck at interlocutory state only. I also submit that I had paid her 2,00,000 towards settlement, got a receipt and got proved in FCOP case and 498a case.

Finally,

Sir,

Your firm may have so many things to cope up with, I never blame people who help the needy without any commercial touch in it( I mean that's LCI, I love it). I want to bring to your kind notice about the issues i was facing from our site. I am getting answers immediately but when i further queried the same i am not getting any replies like I posted one thread "Can false allegations by wife which were not proved invoke" got some replies but stopped where i was satisfied. In another instance thread "criminal action against wife" got only one reply and nothing again. Comparing these three threads my appraoch is changing, i was getting lot more maturity, thanks to you sir. Last but not least i am unable attach files to a message, please look into it.

In future i will become more precise with your help.

Thanking you for your patience for reading my LONG SENTENCES@@@@@

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