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Pitchai (Manager)     20 May 2012

Wrong informations for divorce

My christian son married a Hindu girl in October 2009. In March 2010, they fought and separated. In October 2011, she got ex-parte divorce without our knowledge. The reasons for divorce,  she has given false informations to court,  All the reasons are utter lies and may affect my son's future. I came to know about it in May 2012. Now I want to file a case against the girl for giving wrong informations to court to clear my son's name. I request the experts to give the procedures. 



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     20 May 2012

Dear Querist

you can simply file an application u/s 340 Cr.PC 

 

340. Procedure in cases mentioned in section 195.

 

(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-

 

(a) Record a finding to that effect;

 

(b) Make a complaint thereof in writing;

 

(c) Send it to a Magistrate of the first class having jurisdiction;

 

(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and

 

(e) Bind over any person to appear and give evidence before such Magistrate.

 

(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) of section 195.

 

(3) A complaint made under this section shall be signed, -

 

(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;

 

1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]

 

(4) In this section, "court" has the same meaning as in section 195.

 

Feel Free to Call

pinto (sec)     20 May 2012

I am not sure but also find out the following

if  all this have to be done with in some time limit?

when she the divorce was granted exparte was a notice sent to your son?

if divorce was given in Oct. 2011 she must have filed much before that, did your son not come to know?

 and all the best

 


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