CrPC 239 Discharge in 498a- Application Format

December 17, 2011 498agladiator 1 comment

IN THE IX METROPILITAN MAGISTRATE COURT,

xxxx, at yyyy.

IA. No. of 2010

C.C No. xxx of 2008.

Between:

Accused (A1), … Applicant

And

1) The Sate of A.P, Rep. by SHO,

2) Complainant … Respondents

APPL<st1:personname w:st=”on”>IC</st1:personname>ATION FILED UNDER SECTION 239 OF Cr.P.C

The address for service of all notice and process on the above named applicant (A1) is: abcd …..

G R O U N D S

1) Humbly submits I am the applicant in this application and is the Accused (A1) in CC. No. xxx/2008 on the file of this Hon’ble Court. I further submit that the charge sheet filed by the Respondent No.1 and the proceedings in CC.No.xxx/2008 on the file of this Hon’ble Court is abusing the process of law by not complying with the Criminal Procedure Codes and applicant is liable to be discharged from the case. Respondent no.2 in this petition is the defacto complainant in CC.No.xxx/2008. Details are as follows:

Section 177 of the Criminal Procedure Code reads as under:-

“Section 177: ORDINARY PLACE OF INQUIRY AND TRIAL: Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.”

JURISD<st1:personname w:st=”on”>IC</st1:personname>TION POINT OF VIEW

a) As per charge sheet alleged allegations have taken place at Bangalore City. No part of the allegation taken place in thisHon’ble Court jurisdiction. As per section-177 of Criminal Procedure Code, every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed; accordingly applicant (A1) is liable to be discharged from the case. Applicant put reliance on judgment of the Hon’ble Supreme Court of India available in ANNEXURE-P/1 in support of this ground.

b) Respondent No.1 furnished the false information as part of charge sheet U/s 498A, in Para-1, by saying the offence happened at complainant residence place at Hyderabad whereas the details in subsequent Para(s) of the charge sheet reveals that complainant matrimonial home is Bangalore City. No part of the alleged offence taken place at Respondent No.1 territorial jurisdiction.

c) Respondent No.1 failed to transfer the complaint to the concern police station has the jurisdiction for further investigation and did not comply with the Criminal Procedure Code. Applicant put reliance on judgment of the Hon’ble Supreme Court of India available in ANNEXURE-P/2 in support of this ground.

d) Further submit, Hon’ble Supreme Court of India held in Transfer Petition No.20 or 2010 that, jurisdiction matter may be held in Trial Court, order is in the Annexure-P/2-A, hence applicant request Hon’ble Court to consider the jurisdiction ground to discharge the applicant from the above said case proceedings.

e) Further submit that the applicant (A1) side witnesses are neighbors, includes old age women, and are residents ofBangalore City. The applicant side witnesses do not have friends or relatives in this city and are having business atBangalore. This would result in great inconvenience in attending the court hearings in another state that witnesses are living and also need to travel more than 600KM would result in miss carriage of justice to the applicant.

f) Respondent No.1 failed to investigate the complaint at the alleged allegations taken place i.e., Bangalore City. Police did not even visit the crime place i.e., Bangalore City single time and completed the investigation at Hyderabad and filed the charge sheet in this Hon’ble Court. Investigation conducted on FIR. No. yy/2008does not comply with the Criminal Procedure Codes. Proof for no investiagtion at crime place is enclosed as ANNEXURE-P/3.

2) None of the FIR allegation is part of the charge sheet and none of the witness’s statements supports complaint allegations provide information that allegations in FIR all are completely false and further submit that police continued investigation and filed the charge sheet contains completely different and with new allegations to that of the FIR without having sufficient evidences. Even charge sheet allegations are not supported by the witnesses of the case. All the witnesses are none other than the blood relatives of the complainant, who did not live at Bangalore City. One of the witnesses is the independent witness, whose statement does not disclose any alleged offence. Even witnesses statements contradict with each other. Absolutely no evidence is available for allegations either in complaint or in charge sheet and applicant is liable to be discharged from the case under section 239 CrPC. Details are as describe below:

Section 239 of the Criminal Procedure Code reads as under:-

Section 239 CrPC: When accused shall be discharged.

“If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an Opportunity of being heard, the Magistrate considers the charge against the accused to be groundless”.

REF [A]: State of Karnataka Vs. L. Muniswamy , a three judge Bench of SC Court had observed that at the stage of framing the charge, the Court has to apply its mind to the question whether or not there is any ground for presuming the commission of the offence by the accused. As framing of charge affects a person’s liberty substantially, need for proper consideration of material warranting such order was emphasized.

REF [B]: When offences not prima facia made out against accused person framing of charge not proper in Imtiaz Ahmed Vs State of M.P. , 1997 Cri LJ 1844 (MP).

REF [C]: Allegations has to be specific in Krishan Jeet singh Vs. State of Haryana, 11 (2003) DMC 127 (P & H).

REF [D]: General allegations are not sufficient to procure 498-A in Surajmal Barithia V. State of west Bengal 11 (2003) DMC 546 (Cal) (DB).

REF [E]: Vague allegations are not acceptable in sher Singh V. state of Punjab 11 (2003) DMC 192 (P & H)

REF [F]: Bhajan Lal Bhatia & ors. Vs. Sarita Neelam 2005 Vol I HLR 59

Where evidence on record neither disclosed that there was cruelty on part o the accused which was of such a nature as was likely to drive victim to commit suicide or cause grave injury or danger to her life or limb or mental or physical health nor showed that she was harassed by accused with regard to any demand for additional dowry, section 498-A could not be attracted in such circumstances in Bomma Ilaiach Vs. State of U.P. , 2003 Cri LJ 2439 (AP)

REF [G]: Where there is no specific allegations in complaint, charge could not be proved in Krishan Jeet Singh Vs State of Haryana, II (2003) DMC 127 (P&H)

REF [H]: Conviction not sustainable in the absence of evidence of ‘torture’ or “harassment” in Benumadhab Padhi Mohapatra Vs State, 2004 (13) A<st1:personname w:st=”on”>IC</st1:personname> 253 (ori.)

REF [I]: Taunting is not Cruelty in Savitri Devi Vs Ramesh Chand , 2003, Cri LJ 2759 (Del) : 2003 (3) Crime 100.

NO EVIDENCE IS AVAILABLE FOR COMPLAINT ALLGATIONS

a) The allegation made in complaint that applicant (A1) and his sister (A2) use to harassed the complainant by saying the applicant (A1) left the match which is suppose to give Rs.1.0 crore and further beaten her by saying they wanted to get rid of complainant is absolutely false and is denied by applicant (A1). None of the witnesses support the complainant allegation including the blood relatives of the complainant. Even none of the witnesses and relatives of the complainant never heard of such incident occurrence from complainant. Absolutely no evidence available for this allegation. The admitted fact is that applicant married the complainant and also requested complainant to join him at Bangalore provide information that applicant is interested to lead matrimonial life with complainant. While inviting the complainant for matrimonial home no demands were made by applicant. Further submit that this allegation is false and is dropped from charge sheet allegations on A1.

b) The allegation made in complaint that applicant (A1) demanded the complainant to bring money by selling her property given by complainant’s parents is absolutely false and is denied by applicant (A1). None of the witnesses support the complainant allegation. Even the blood relatives of the complainant do not support the complainant allegation. No evidence available for this allegation. This allegation is vague in nature without disclosing the nature of the harassment happened. Further submit that this allegation is false and is dropped from charge sheet allegations.

c) The allegation made in complaint that applicant (A1) restricted to make phone calls is absolutely false and is denied by applicant (A1). Complainant admitted in the same complaint that complainant use to call her brother on phone. Even the statements of complainant brother and parents say that complainant called them on phone. None of the witnesses supports the complainant allegation. Even the blood relatives of the complainant do not support the complainant allegation. Further submit that this allegation is false and is dropped from charge sheet allegations.

d) The allegation made in complaint that complainant’s in-laws use to call applicant (A1) and advised on phone is absolutely false and is denied by applicant (A1). The consequences of the received phone calls from in-laws are not reported. No documentary evidences are supported on phone call details. None of the witnesses support the complainant allegation. Even the blood relatives of the complainant do not support the complainant allegation. No evidence available for this allegation. In-laws telephone calls list reveals that no call is made to the applicant (A1) due to lack of STD facility to the phone. Respondent no.1 failed to investigate the allegation to reveal the facts. Further submit that this allegation is false and is dropped from charge sheet allegations. This sole allegation made the in-laws of the complainant as accused in this false criminal case.

e) The allegation in complaint that applicant (A1) publicized saying the complainant is carrying 3 months pregnancy is absolutely false and is denied by applicant (A1). During investigation complainant filed to give the details with whom via which media applicant (A1) publicized. The said allegation is false. No evidence is collected and none of the witness supports the complainant allegation. Further submit that this allegation is false and is dropped from charge sheet allegations.

f) The allegation in complaint that applicant (A1) forced complainant to abort pregnancy is absolutely false and is denied by applicant (A1). Till complainant left matrimonial home at Bangalore, complainant was carrying pregnancy. No evidence is available on the pregnancy termination confirmation at Bangalore

NO EVIDENCE IS AVAILABLE FOR

CHARGE SHEET ALLGATIONS

g) The allegation in charge sheet that applicant (A1) was given dowry items at the time of complainant marriage by the complainant parents is false and is denied by the applicant. Even as per complaint no dowry is given to applicant. This allegation is contradicting to the complaint allegation as well as the affidavit submitted by the complainant in Transfer Petition no.5/2010 on the file of Hon’ble Supreme Court of India. No documentary evidence is available in support of charge sheet allegation says dowry property given to the applicant. Though the complainant statement is contradicting and without having the reliable documentary evidence in support of the complainant statement, applicant is arrested under sections 3 & 4 of Dowry Prohibition Act, is illegal.

h) The allegation in charge sheet that applicant (A1) harassed the complainant physically for the less house hold articles purchased by the complainant’s brother at Bangalore is absolutely false and is denied by applicant (A1). The eye-witness, i.e., the brother of the complainant and the complainant’s parents say that only taunting taken place on house hold items and no physical harassment is reported by them. The allegation is vague and the details of the house hold items purchased by the complainant’s brother at Bangalore are not disclosed and also the house hold items demanded by the applicant is not disclosed. None of the witnesses support the complainant allegation on physical harassment. Even the blood relatives of the complainant do not support the complainant allegation on physical harassment. No reliable evidence available for this allegation.

i) The allegation in charge sheet that applicant (A1) harassed the complainant for additional dowry is absolutely false and is denied by applicant (A1). Complainant admitted that no dowry is given to applicant (A1) and allegations saying demand for additional is absurd. None of the witnesses support the complainant allegation on additional dowry demand. Even the blood relatives of the complainant do not support the complainant allegation. No reliable evidence available for this allegation.

j) The allegation in charge sheet, that applicant (A1) forcibly aborted complainant’s pregnancy at Bangalore is false and is denied by the applicant. No medical reports are available on forcible abortion and on the abortion confirmation.

k) The allegation in charge sheet that applicant (A1) and applicant’s brother-in-law (A3) were necked out the complainant and complainant’s brother out of house is absolutely false and is denied by applicant (A1). Complainant admitted in her petition MC.No.145/2009 on the file of Hon’ble Family Court of L.B.Nagar, that at the time of complainant leaving home at Bangalore City, applicant is not even available on phone for one week duration; hence applicant leftBangalore, reveals applicant’s dishonesty in making false allegations on applicant (A1) and on brother-in-law of the applicant (A3).

l) The allegation in charge sheet saying that during complainant 5 days stay with in-laws, at in-laws place, in-laws used to say with complainant to bring additional dowry and further threatened complainant by saying they will perform another marriage on failure of meeting their demands is absolutely false. Complainant never lived 5 days with in-laws at in-laws place. Going by the version of the charge sheet complainant lived with not more than 24 hours. The allegation is absurd being no dowry is given to given to applicant (A1) and demanding additional dowry by in-laws is absurd.

CONTRAD<st1:personname w:st=”on”>IC</st1:personname>TIONS ON THE ALLEGATIONS

m) None of the allegation in the complaint is supported by the witness’s statements. Also complainant’s statements contradicts with her own written complaint and also with charge sheet version as describe below:

i. As per complaint, Rs. 3,00,000/- cash, 80 kasulu gold and Rs. 40,00,000/- worth agriculture land is given to complainant by her parents. Whereas police investigation report says above said property items were given to applicant (A1) at the time of marriage. Accused A1 is arrested under sections 3 & 4 of Dowry Prohibition Act, is illegal. Complainant admitted in her petition filed in Hon’ble Supreme Court of India saying that said property items were given to her by her parents as “Sridhan” as per her family tradition.

ii. As per complaint applicant (A1) and his sister harassed the complainant saying that complainant bought less dowry and harassed physically to get rid of complainant. Whereas charge sheet says complainant was harassed for less gifts purchased by complainant’s brother at the time of complainant joined with Accused-A1 atBangalore. Witnesses say that there was taunting on the gifts purchased. None of the witnesses support the complainant allegation on physical harassment. Even the blood relatives of the complainant do not support the complainant allegation on physical harassment.

iii. As per complainant version no demands were made for additional dowry by the applicant (A1). Whereas police investigation report says additional dowry is demanded by the applicant (A1) and none of the witness supports the charge sheet allegation. Even the blood relatives of the complainant do not support the charge sheet allegation.

iv. The reason said for forcible abortion is not consistent from FIR to charge sheet. Also the reason for forcible abortion said by the witnesses is inconsistence with the complainant.

n) Witness version contradicts with complainant version and also contradict with other witnesses as described below:

i) As per complainant and complainant’s brother version no harassment happened at the time complainant visitedBangalore City just after the marriage during Nov-Dec-2007. Whereas the parents and relatives of the complainant given statements by saying that complainant was harassed by not providing food and necessaries and demanded the complainant to bring money by selling the property given to complainant by them, at the time of marriage.

ii) As per complainant version no harassment at the time complainant visited the in-laws place, for the duration of one day, just before the day complainant joined with the applicant (A1) at Bangalore. Even the statement of eye-witness i.e., the complainant’ brother, who accompanied the complainant do not disclose any offence at in-laws place by the in-laws. Whereas the parents of the complainant given statements by saying that in-laws harassed the complainant at in-laws house.

iii) As per complainant version, on the day complainant joined with applicant (A1) at Bangalore dispute is raised on house hold items purchased, costing Rs. 60,000/- by the complainant’s brother for complainant’s family and alleged that complainant was harassed physically by the applicant (A1) and by applicant’s sister (A2) for bringing less house hold items and for less dowry. In contra the statement of the eye-witness, i.e., brother of the complainant do not disclose any physical harassment caused by A1 and A3 and also contradicts with complainant version. In contradiction to above two versions, the parents of the complainant say that for Rs.70,000/- house hold items were purchased and A1 and A3 did taunting on the items purchased and do not say that physical harassment happened.

iv) As per complainant’s parents version applicant (A1) aborted the complainant’s pregnancy forcibly at Hospital inBangalore. Whereas the complainant and brother of the complainant do not say that abortion happened at hospital inBangalore.

v) As per complainant’s parents statement applicant made call from hospital saying complainant is in hospital and seeking for help. Whereas as complainant said that she made call from home.

vi) As per complainant version on the day complainant was thrown out of house applicant (A1) taken gold ornaments from complainant and thrown her out of house. In contra, the eye-witness, i.e., the brother of the complainant do not make such allegations. Also the statements of the complainant’s parents do not support the complainant allegation. Whereas in complainant’s maintenance suit filed in Hon’ble Family Court, L.B. Nagar, complainant admitted that at the time complainant was leaving the matrimonial home applicant was not available even on phone.

3) The allegations, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence under section 498A IPC or make out a case against the accused as describe below:

Section 498-A of the Indian Penal Code reads as under:-

“ Husband or relative of husband of a woman subjecting her to cruelty- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation – For the purpose of this section, “cruelty” means –

(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.”

Under Explanation (a) the cruelty has to be of such gravity as is likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health.

Under Explanation (b) cruelty means harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Explanation (b) does not make each and every harassment cruelty. The harassment has to be with a definite object, namely to coerce the woman or any person related to her to meet harassment by itself is not cruelty. Mere demand for property etc. by itself is also not cruelty. It is only where harassment is shown to have been committed for the purpose of coercing a woman to meet the demands that it is cruelty and this is made punishable under the section.

REF [1]: While interpreting the provisions of Section 304-B, 498-A, 306 and 324, IPC in the decision reported as State of H.P.v Nikku Ram & Ors 1995 (6) SCC 219 the Supreme Court observed that harassment to constitute cruelty under explanation (b) to Section 498-A must have nexus with the demand of dowry and if this is missing the case will fall beyond the scope of Section 498-A, IPC.

REF [2]: The mental cruelty is explained by the Supreme Court of India by laying the following definition of “mental cruelty” in V.Bhagat Vs. Mrs.D.Bhagat AIR 1994 SC 710: “the parties cannot reasonably be expected to live together”. The situation must be such that the wronged party cannot reasonably be asked to put with such conduct and continue to live with the other party.

REF [3]: The supreme court in CRIMINAL APPEAL NO. 299 OF 2003 MANJU RAM KALITA vs. STATE OF ASSAM decided on 28/05/09 answered the question in negative. Speaking for the bench his lordship honorable Dr. B.S. Chauhan, J held that :

“Cruelty” for the purpose of Section 498-A I.P.C. is to be established in the context of section 498-A IPC as it may be a different from other statutory provisions. It is to be determined / inferred by considering the conduct of the man, weighing the gravity or seriousness of his acts and to find out as to whether it is likely to drive the woman to commit suicide etc. It is to be established that the woman has been subjected to cruelty continuously / persistently or at least in close proximity of time of lodging the complaint. Petty quarrels cannot be termed as `cruelty’ to attract the provisions of Section 498-A IPC. Causing mental torture to the extent that it becomes unbearable may be termed as cruelty.”

REF [4]: In Mohd. Hoshan v. State of A.P.; (2002) 7 SCC 414, the Supreme Court while dealing with the similar issue held that mental or physical torture should be “continuously” practiced by the accused on the wife. The Court further observed as under:

“Whether one spouse has been guilty of cruelty to the other is essentially a question of fact. The impart of complaints, accusations or taunts on a person amounting to cruelty depends on various factors like the sensitivity of the individual victim concerned, the social background, the environment, education etc. Further, mental cruelty varies from person to person depending on the intensity of sensitivity and the degree of courage or endurance to withstand such mental cruelty. In other words, each case has to be decided on its own facts to decide whether the mental cruelty was established or not.”

REF [5]: In Girdhar Shankar Tawade v. State of Maharashtra, AIR 2002 SC 2078; the Supreme Court held that “cruelty” has to be understood having a specific statutory meaning provided in Section 498A I.P.C and there should be a case of continuous state of affairs of torture by one to another.

REF [6]: Supreme Court in Dr.N.G.Dastane Vs. Mrs.S.Dastane (1975) 2 SCC 326 has referred to this aspect of `cruelty’ like this:-

“The cruelty must be of such a character as to cause `danger’ to life, limb or health or as to give rise to a reasonable apprehension of such a danger. Clearly danger to life, limb or health or a reasonable apprehension”.

REF [7]: Similar view was taken by the Punjab & Haryana High Court in the decision reported as Richhpal Kaur v. State of Haryana and Anr. 1991 (2) Recent Criminal Reports 53 wherein it was observed that offence under Section 498-A IPC would not be made out if beating given to bride by husband and his relations was due to domestic disputes and not on account of demand of dowry.

REF [8]: In the decision reported as Smt. Sarla Prabhakar Waghmare v State of Maharashtra & Ors 1990 (2) RCR 18, the Bombay High Court had observed that it is not every harassment or every type of cruelty that would attract Section 498-A IPC. Beating and harassment must be to force the bride to commit suicide or to fulfill illegal demands.

REF [9]: It is thus clear from the reading of Section 498-A IPC and afore-noted judicial pronouncements that pre-condition for attracting the provisions of Explanation (b) to Section 498-A IPC is the demand and if the demand is missing and the cruelty is for the sake of giving torture to the women without any nexus with the demand then such a cruelty will not be covered under explanation (b) to Section 498-A, IPC. It may be a cruelty within the scope of Hindu Marriage Act, 1955 as held by the Supreme Court in the decision reported as Shobha Rani v Madhukar Reddy AIR 1998 SC 121. In said case, it was observed that cruelty under Section 498-A IPC is distinct from the cruelty under Hindu Marriage Act, 1955.

ALLEGATIONS DO NOT ATTRACT SECTION 498A IPC

a) Even considering the allegation in the charge sheet, that applicant (A1) harassed the complainant for the less house hold articles purchased by the complainant’s brother at Bangalore, is happened to be true allegation do not attract Section 498A IPC as described below:

i) Applicant asked the complainant to join him and no demands were made by the applicant. During the initial 6 months period, i.e., before the complainant date of joining with applicant at Bangalore City, no allegations either on demands or on harassment are reported reveals no demands from applicant side.

ii) The nature of harassment happened to the complainant is not disclosed by the complainant and by the police investigation report. As per eye-witness, i.e., brother of complainant and the complainant parent’s CrPC-161 statements, only taunting taken place on the house hold items saying house hold items are less, no specific items were demanded hence as per REF [1] allegation do not attract section 498A IPC. No physical harassment incidents are reported hence as per REF [4] & REF [6] allegation do not attract section 498A IPC. Further submit that complainant continued matrimonial life with applicant at Bangalore reveals complainant did not feel mental cruelty hence as per REF [2] allegation do not attract section 498A IPC. Further submit that complainant brother left to his native place also reveal there was no danger or threat to complainant from the applicant. There is no allegations reported saying that demands were continued during the complainant’s stay with the applicant hence as per REF [3], REF [4] & REF [5] allegation do not attract section 498A IPC. Taunting on the house hold items which even did not force the complainant leave matrimonial house, do not attract the section 498A IPC.

iii) Also complainant did not allege that either applicant (A1) or other Accused demanded any specific house hold items from either complainant or from complainant’s brother and also failed to reveal the list of house hold items were purchased by the complainant’s brother, reveals the allegation is vague in nature.

iv) This allegation is not present in complaint. Further submit that while complainant describing the harassment caused by the applicant in case MC. No.145/2009 on the file of Hon’ble Family Court, L.B. Nagar, R.R. District, did not report that this incident is happened. This reveals the dishonesty of the petitioner in procuring the false allegations against the applicant.

b) Even considering the allegation in charge sheet, that applicant (A1) demanded additional dowry at the time of dispute on house hold itmes, is happened to be true this allegation do not attract Section 498A IPC as described below:

i) As admitted by the complainant in the complaint that no dowry is given and also no specific dowry items demand is reported and is a vague allegation. Mere demand of property is not amount to cruelty as per explanation (b) of the section 498A IPC, hence allegation do not attract section 498A IPC. This demand is not continued and no harassment is reported hence as per REF [3], REF [4] & REF [5] allegation do not attract section 498A IPC. No documentary evidence is available to show that additional dowry is demanded. Admitted fact is that no dowry is given to applicant and making an allegation that additional dowry is demanded is absurd. Complainant initially said that property itmes were given to her by her parents, later changed the version saying that same were given to applicant and made the applicant arrested under section 3 of the Dowry Prohibition Act. Upon making complaint on the complainant and her parents for the offence under section 3 of the Dowry Prohibition Act, complainant admitted in her affidavit filed in Transfer Petition No.5 of 2010, on the file Hon’ble Supreme Court of India, saying the property itmes was given to her by her parents as Sridhan which is their family tradition. This reveals the dishonesty of the complainant in making false allegations.

ii) Continuous demand or continuous harassment is not reported and complainant continued to live with applicant at Bangalore reveals complainant did not feel mental cruelty as per REF [2] hence allegation do not attract section 498A IPC.

iii) This allegation is not present in complaint. Further submit that while complainant describing the harassment caused by the applicant in case MC. No.145/2009 on the file of Hon’ble Family Court, L.B. Nagar, R.R. District, did not report that this incident is happened. This reveals the dishonesty of the petitioner in procuring the false allegations against the applicant.

c) Even considering the allegation in charge sheet, that applicant (A1) suspected complainant’s character by saying one year required to get pregnancy and complainant got pregnancy in six months and forced the complainant to consume pregnancy abortion tablets on 20^th May-2008, is happened to be true this allegations do not attract Section 498A IPC as described below:

i) As per complainant version the cause of action for forcible abortion is not the dowry demand or additional dowry demand, hence allegation does not attract section 498A IPC as per REF [1].

ii) As per complainant version applicant forced her to abort her pregnancy, no physical cruelty is caused, not subjected to harassment and lived with applicant till her brother came to Bangalore and disputed with applicant. During the dispute also applicant did not subjected the complainant to any physical cruelty such that complainant received injuries which would attract section 498A IPC as per REF [2], REF [3], REF [4] and REF [5].

iii) The complainant is B.Sc graduate and has one year working experience in medical domain though no medial reports are submitted in support of the forcible abortion provide information that allegation is false and even no medical report on pregnancy termination confirmation report at Bangalore is submitted. Kukatpally police refused to investigate the allegation on forcible pregnancy abortion even after applicant requested them and replied saying allegation does not attract 498A IPC hence no need of investigation. Pregnancy abortion did not happen at Bangalore till complainant left matrimonial home. <st1:personname w:st=”on”>Support</st1:personname>ing documents are in ANNEXURE-P/4.

iv) Applicant filed criminal complaint against the complainant under sections 312 IPC, 506, 120B, 384 and 500 of IPC atBangalore City; Hon’ble Court in Bangalore City took the cognizance and ordered for investigation.

v) As per complaint version applicant believes that complainant was carrying three months pregnancy and did publicized saying the same and as per CrPC-161 statement of the complainant version, applicant believes that even 6 months is not enough to get pregnancy contradicts with earlier said version. This reveals complainant attempt to develop false story on the pregnancy termination matter against the applicant.

vi) Further submit that while complainant describing the harassment caused by the applicant in case MC. No.145/2009 on the file of Hon’ble Family Court, L.B. Nagar, R.R. District, did not report that this incident is happened. This reveals the dishonesty of the petitioner in procuring the false allegations against the applicant.

d) Even considering the allegation in charge sheet, that applicant (A1) and his brother-in-law necked out the complainant out off matrimonial home, is happened to be true as per REF [1] allegation do not attract section 498A IPC being this incident happened not to meet dowry demands by the complainant. No physical injuries reported and the incident did not create danger to complainant life hence as per REF [3], REF [4] and REF [5} incident do not attract section 498A IPC. Further submit that complainant admitted version in her affidavit in MC. No.145/2009 on the file of Hon’ble Family Court, L.B. Nagar, R.R. District, says applicant was physically not present at the time complainant was leaving the matrimonial home and also said that even on phone applicant was not available reveals the complainant’s dishonesty in making allegations on the accused.

4) Respondent No.1 did improper investigation and investigation report do not comply with the Criminal Procedure Codes and the following consequences are resulted:

CONSEQUENCES OF ABUSE OF PROCESS OF LAW

a) Neighbors, who are potential eye-witnesses of the real facts, statements are not recorded which provide information that alleged allegations are false and not possible to occur. Documentary evidences from Bangalore were not collected which provide information that allegations are false.

b) Police failed to collect the statement from the complainant sister-in-law, i.e., wife of complainant’s brother, who was present along with the complainant during her join with applicant at Bangalore.

c) Though the complainant statement during the investigation contradicts with her own written statement in complaint on the property items, without having reliable evidence in hand, police arrested the applicant (A1) under sections 3 & 4 of Dowry Prohibition Act.

d) Respondent No.1 failed to reveal the facts that during the entire days matrimonial life (not more than 23 days) of complainant at Bangalore complainant along with applicant (A1) attended marriage parties, birthday parties, did shopping and invited guests to home at Bangalore. Respondent No.1 failed to visit Bangalore and failed to reveal the facts. Further submits, Respondent No.1 failed to reveal the fact that even on the last day complainant did shopping to purchase gifts for a party at neighbors house with whom complainant used to spend most of her day time.

e) Respondent No.1 failed to collect neighbor’s statements, which are the potential eye-witnesses for the incident on considering the complainant version is true and also failed to reveal the facts that no disputes were taken place on the day complainant joined with applicant (A1) at Bangalore.

f) Respondent No.1 failed to reveal the facts that only complainant and the applicant lived together at Bangalore and filed to reveal the fact that none of the applicant relatives lived with applicant.

g) Even though neighbors from Bangalore came to Kukatpally PS and told to the investigation officer that no part of the allegations in are true, investigation officer refused to investigate and collect neighbor’s statements at Bangalore. Also investigation officer failed to collect possible documentary evidences for the complaint allegations; in fact these documentary evidences provide information that allegations are false.

h) Applicant (A1) and other accused were not informed about the new allegations added in the charge sheet, which are not part of complaint and failed to give an opportunity to the accused to submit the evidences during the investigation. Further submit investigation officer failed to collect possible documentary evidences to support complainant allegations, which in fact provide information that allegations are false.

i) Respondent No.1 investigation did not investigate atBangalore to reveal the fact that applicant’s (A1) relatives did not live with complainant family at Bangalore City to cause any harassment to the complainant.

j) Respondent No.1 investigation did not reveal the fact that in-laws did not made phone calls to Accused (A1). Police failed to collect the documentary evidences in support of the complainant allegations and still charges are made on in-laws.

k) No investigation carried out on forcible abortion allegation at Bangalore and failed to confirm whether forcible abortion taken place or not. No medical reports are submitted or collected by the Respondent No.1.

l) Investigation did not disclose and collect the documentary evidences to support the allegation that complainant brother purchased house hold items for the complainant family at Bangalore.

m) Despite no supporting evidence is available with the police on the complainant allegations, police opposed granting the anticipatory bail to sister of the applicant.

n) Police supplied false information to this Hon’ble Court, through the Remand Case Dairy and the Charge Sheet, by saying that crime happened in the jurisdiction of this Hon’ble Court.

5) The other grounds would be urged at the time of hearing.

P R A Y E R

Therefore it is most respectfully prayed that this Hon’ble court may be pleased to:-

a) Pass an order of discharge of applicant (A1) in the proceedings CC.No.xxx/2008 on the file of this Hon’ble Court.

And

b) Pass such other order or further orders as this Hon’ble Court deems fit and proper in the particular facts and circumstances of this case.

Cyderabad, Adacate/ Applicant:

Dt: Sig:

Categories: Format- Discharge under CrPC 239 in IPC 498a Tags: CrPC 239

Advantage of written arguments

December 6, 2011 498agladiator Leave a comment

Why lawyers discourage “written argument” and prefer “oral argument”

Whenever a person thinks of who is a lawyer then the perception is “a person who can argue in the court”. General public from society do not know what is evidence, cross examination, interim application etc. All they know is lawyer is a person who argues in court. Now when we tell our advocates to file “written arguments” in the court then there ego is hurt. They think we do not have trust in them or that their job is being taken away. Also since they have taken some money from us hence they want to show to us that they are doing the work hence they discourage “written argument”. But for a litigant it is of least importance whether the ego of lawyer is hurt or not. For a litigant most important thing is relief. And for a relief litigant should do the things which will get relief for him.

Advantage of written arguments

You can be free from worry that your lawyer will miss out any point during the argument.
It is difficult to get senior lawyer to the courts as they are always busy in some other court and keeps giving excuses and keeps taking adjournments.
If it is an oral argument then judge normally writes down points. He himself can miss few points but written arguments are safe.
You can add table, graphs, citations etc to make written argument very effective which is not possible in case of oral argument.
You can add as many citations as part of the written arguments to make it effective.
In fact there is no particular format specified for the written argument.
You might have 10 points to be conveyed to the judge in oral arguments. In which lawyer may convey only 7 points and judge may note down only 5 points. So you may lose the vital points which you could have conveyed to the Judge.

Example 1 of a written argument

Objection: I submit that the petition is not maintainable as petitioner and respondent are staying separately from 2004 whereas DV Act came into effect on 26^th October 2006.
Argument: Your honour: I would like to respectively submit that the petitioner and respondent are staying separately from 2004 whereas DV Act came into effect on 26^thOctober 2006. So, on this ground only it is liable to be dismissed. E.g if a person is found smoking in public place yesterday and a new law comes in to effect today then that person cannot be punished because he was found smoking yesterday because yesterday the law itself was not there.

Example 2 of a written argument

Objection: I submit that the though the complainant has left and deserted the house of the accused in 2009 but she has filed complaint of dowry harassment only in 2010.

Argument: Your honour: I would like to respectively submit that the complainant and accused are staying separately from 2009. Even if we assume the allegations of the complainant that there was dowry harassment during the marriage, there is no explanation as why she kept quiet for full 1 year and filed FIR only in 2010 after 2 week after a case of RCR was filed by the accused to call back his wife. So it is clearly a case of afterthought.

Example 3 of a written argument

Statement of petitioner from her affidavit: I am ready to come back to my husband’s house and lead matrimonial life.

Argument: Your honour: I would like to respectively point out to the cross examination held and recorded on 23/04/2010 wherein the petitioner had answered in negative on being asked whether she had filed any case of RCR. On the contrary when the respondent filed a case of RCR she countered it with 498A. So it is very clear that petitioner had left the company of respondent on her own and when called back refused to join matrimonial life.

Categories: Court Techniques, Written Argument

Cross Examination Techniques- 498a, DV, CrPC125, Divorce etc

December 6, 2011 498agladiator Leave a comment

I have neither read any book or any Google material before writing this article as most of the available material will not suit our situation.

The important thing to cross opposite party in a cross examination is to prove her false statement in her affidavit which can enable us to file perjury case under 340 CrPC.

Remember apart from the documentary evidence which you might be having, cross is the most important step in cases of matrimonial cases because most of the incidents happen within the four walls of the house and for which there may not be any proof or evidence. So your advocate must do the cross in such a way so as to bring out reasonable doubt in the mind of judge about the character of the wife and to disapprove her statements.

Preparation for a cross examination is very time consuming and an involved process. Most of the advocates asks questions on-the-fly and thinks that is the correct way to cross. No…Selecting each and every question for cross is a very involved process.

The important thing to note in a cross is to bring out her lies. Since every complaint is different hence there cannot be a general formula for questions. It has to be prepared on a case to case basis.

You need to be very clear to what question you are expecting from the other party and then frame the question accordingly.

Never ask straight questions.

Your opposite party should never know why you are asking a particular question.

Never ask the question for which she knows the facts clearly.

Never ask the questions in the sequence of the complaint as she will be able to tell the answer like a story.

Prepare the questions in sequence of the complaint (minimum400+) and then categorize the question in various topics like perjury, desertion, cruelty, maintenance, dowry etc. So this way questions gets shuffled. Now after first level of shuffling again shuffle the questions so that no two adjacent questions should have any similarity in any manner, sequence, event or subject.

You must be present with your advocate during the cross to assist him for any doubt or clarifications.

Do all the ground work your self of preparing questions.

Example1:

Statement from a 498A FIR: “my parent have given 40 sovereigns of jewelry worth 40 lakh Rs to my husband during the marriage”

Your Advocate to your wife: Madam can you give the exact breakup the jewelry?

Opposite party-Wife: She is going to fumble as it is impossible to give the breakup which is going to match 40 sovereigns.

Your Advocate to your FIL: Sir, May I know what profession you are doing?

Opposite party-FIL: I have a grocery store.

Your Advocate to your FIL: Where do you buy the groceries for the shop.

Opposite party-FIL: From city market.

Your Advocate to your FIL: How often do you buy grocery?

Opposite party-FIL: I buy every week.

Your Advocate to your FIL: Good. How much do you buy grocery every week?

Opposite party-FIL: Approximately 10000/- per week..

Your Advocate to your FIL: Good. Do you have receipts for all this? Do you maintain it?

Opposite party-FIL: Yes, I file all the bills in the file and maintain it.

Your Advocate to your FIL: Sir, May I know you have the bills/receipt for the 40 lakhs jewelry you had claimed to be given to your SIL.

Opposite party-FIL: Fumbles, No I don’t have.

Your Advocate to your FIL: Sir, May I know even for 10000/- you are maintaining file but you do not have receipt for 40 lakh jewelry!!

Opposite party-FIL: No answer.

Your Advocate to your FIL: Sir, I suggest to you that you had given false complaint in the FIR that 40 lakh was given. I state that no such jewelry was given to SIL or to his family.

Opposite party-FIL: No..No We have given.

Example2:

Your Advocate to your wife: Madam you had written in the complaint that you had given a gas connection to your husband as dowry?

Opposite party-Wife: Yes.

Your Advocate to your wife: Madam can you tell the court from which agency you had purchased the gas connection?

Opposite party-Wife: I don’t remember.

Your Advocate to your wife: Can you atleast tell us from which company you had purchased?

Opposite party-Wife: I don’t remember.

Your Advocate to your wife: Can you tell us who used to deliver cylinder to your house?

Opposite party-Wife: Gas agency boys.

Your Advocate to your wife: Madam can you tell us who used to receive the cylinder in your house?

Opposite party-Wife: I used to receive at house.

Your Advocate to your wife: Madam normally they give a receipt after payment? Where agency name is mentioned. Is it correct?

Opposite party-Wife: Yes.

Your Advocate to your wife: I state that your husband only has purchased the gas connection for XXX Agency and you are lying that you had purchased the gas connection and you are unable to tell the name of the agency also even though you were receiving the cylinder at house from the said agency.

Opposite party-Wife: Fumbles. No…No We only had purchased the gas connection.

Example3: We have given a washing machine to husband.

Your Advocate to your wife: Can you tell us the exact cost of the washing machine?

Opposite party-Wife: 15000/-

Your Advocate to your wife: Can you tell us the brand of the washing machine?

Opposite party-Wife: XXX

Your Advocate to your wife: Can you tell us the size of the washing machine?

Opposite party-Wife: XXX

Your Advocate to your wife: Can you tell us the in which shop you purchased this washing machine?

Opposite party-Wife: Fumbles…I don’t remember.

Your Advocate to your wife: Can you tell us the date on which you brought this washing machine?

Opposite party-Wife: I don’t remember.

Your Advocate to your wife: How you paid for purchasing this washing machine?

Opposite party-Wife: Cash

Your Advocate to your wife: Madam. Look at this receipt. Your husband with his savings purchased the washing machine and here is the receipt in his name. Request the judge to mark the receipt in R series.

Example4: We have born the entire expenses of the marriage.

Your Advocate to your wife: Can you tell us the exact cost/expense of the marriage?

Opposite party-Wife: 10 lakhs rs.

Your Advocate to your wife: Can you give us the break up of each expense…at least broadly

Opposite party-Wife: She will fumble.

Your Advocate to your wife: Can you tell us the salary of your father at the time of marriage.

Opposite party-Wife: 10000 per month

Your Advocate to your wife: Can you tell us your husbands salary at the time of marriage?

Opposite party-Wife: Jumps suddenly!!! 50000/- rs per month.

Your Advocate to your wife: Madam, I suggest to you that since your family were relatively poor and expressed inability to bear marriage expense and hence most the marriage expense was done by your husbands family.

Opposite party-Wife: No…No

Categories: Application Formats, Cross Exam Techniques

Sample draft – EXEMPT FROM PERSONAL APPEARANCE

November 23, 2011 498agladiator Leave a comment

IN THE COURT OF …………..………………………….METROPOLITAN MAGISTRATE, PUNE

CRIMINAL COMPLAINT NO. _______OF 2011

IN THE MATTER OF:

Mr. ……………… …….COMPLAINANT

VERSUS

State and XYZ . .……ACCUSED

APPLICATION FOR EXEMPTION OF THE PERSONAL APPEARANCE OF THE COMPLAINANT

MOST RESPECTFULLY-

1. That the above-mentioned matter is pending before this Hon’ble Court and is listed for today.

2. That the Complainant is busy in some inevitable administrative work. Thus unable to appear before this Hon’ble’ court today.

3. That the absence of the applicant is neither intentional nor deliberate, but due to the bonafide reason mentioned above.

PRAYER: -
It is, hence, most respectfully prayed that this Hon’ble Court may be pleased to exempt the Complainant from the personal appearance for today only in the interest of justice, through counsel.
COMPLAINANT
THROUGH

COUNSEL
Place : Pune

Dated : ………, 2011

Categories: Court Techniques, EXEMPT FROM PERSONAL APPEARANCE

Sample Application for Perjury 340 CrPC

October 10, 2011 498agladiator 1 comment

IN THE COURT OF SH. ----------------, ADSJ, KARKARDOOMA,DELHI

IN RE HMA No.

Shahrukh Kumar Khan …. PETITIONER

VERSUS

…. RESPONDENT

APPLICATION UNDER SECTION 340 Cr.P.C. READ WITH SECTION 193, 200 and 209 OF IPC
ON BEHALF OF PETITONER AGAINST THE RESPONDENT

MOST RESPECTFULLY SHOWETH

1. That the above matter is pending petitions consideration before this Hon'ble Court. The respondent ----------------------has filed a rejoinder on the day of previous hearing that was 11th Oct. 2007 of the application U/s 24 of Hindu Marriage Act, 1955 through which she has mentioned that she has not been employed and has no regular source
of income.
2. That this statement is false and willfully wrongly given by the applicant with a view to get favourable decision from this hon'ble Court. The husband submits herewith a copy of the printout (attached as annexure P-1) from the
official ---------------------- which is an autonomous organization under the Ministry of Human Resource Development, Govt. of India) which depicts that she is the class teacher of class IVth A of the said school. As per the staff list available on the website her name has been mentioned along with her designation as PRT (which stands for Primary Teacher), her date of birth as 16-03-1983, her date of joining the present KV as 17-09-2007 and her date of joining the present post as 13-09-2007.
3. The above said appointment was made on the basis of the advertisement published in the Employment News dated 30th September – 6th October 2006, written examination held in the month of February 2007 and the interview held from 31-7-2007 to 6-8-2007.
4. That the respondent has filed rejoinder to the reply of the husband wherein she has stated – (a) In Para C as under:- "The petitioner has no regular source of income and she has to spend a lot of money on her studies and her maintenance and rent for her accommodation as she has been living separately and as such ….."
(b) In rejoinder to reply on merits Para 4 as under:- " It is submitted that the petitioner is living separately and from her parents and ------------------------------ since July 2007 and …."
5. The aforesaid averments of-------------------- is willfully false statement and a travesty of facts. The recruitment, her selection and joining the duties with --------------------- was known to her at the time of filing the rejoinder
i.e. on 11.10.2007 which reflects her unclean hands approach thus committing fraud. As she was employed regularly from 13.09.2007 at ----------- the question of her living ------------------------------ does not arise. This is, therefore, a false statement.
6. Thus this rejoinder has been filed to get a favourable decision by filing a false plea thus giving false evidence. The applicant has therefore sinned by her moving the process of court with most unclean hands.

PRAYER
It is therefore, most respectfully, prayed as under:-
(a) That the proceedings under section 195 of CrPC may be started against the respondent in the interest of justice.
(b) That the respondent may be tried by appropriate court for the offence punishable U/S 193, 200 and 209 of IPC.
(c) Her rejoinder may be declared to be false and no action may be taken on her application under U/S 24 of HMA for grant of maintenance from petitioner and it may be dismissed.
(d) Any other relief which this honorable court deems fit may also be granted in favour of the petitioner .
Delhi
Dated-
Petitioner
Through

Counsel

Categories: Perjury CrPC 340 Tags: Perjury CrPC 340

Sample: 340(1) Application; please file, review and comment

October 10, 2011 498agladiator Leave a comment

IN THE COURT OF A.C.J Magistrate
__TH COURT AT Fatehpur, U.P.
C.C. NO. ______/2010

Mrs. Anuradha ..….Applicant
Versus
_________________ ….Respondent[ Present Applicant ]

RESPONDENT’S APPLICATION U/S 340(1) of Cr.P.C, 1973. FOR THE ACT OF PERJURY
COMITTED BY THE APPLICANT UNDER AFFIDAVIT AND SOLEMN AFFIRMATION UNDER OATH
SUBMITTED BY THE MAIN APPLICANT IN Fatehpur COURTS.

MAY IT PLEASE YOUR HONOUR:

I, Mr. _____________________, respondent above named, do hereby state on solemn
affirmation as under:-

1. Present petitioner is father in law of main applicant

2. Main applicant is well qualified lady, having completed B.A and currently doing M.A and registered with employment exchange, and is educated and literate, and knowingly and willfully has been filing multiple cases against respondent applicant, being a educated lady has armored self-same with tool and weapons of
criminal procedures to harass respondents by way of different ways.

3. It is most respectfully submitted by the Respondent that the couple stayed not more than __ days, i.e.______________.

4. The facts mentioned and maintained by applicant wife are contrary to applicant wife’s father in different litigations about same event on same date, i.e. on the date of marriage; The applicants self same submissions are contrary to her own self substantiate facts, made to mislead the Ld Court.

5. That present applicant respondent knew the complainant and her family members before marriage since more than 20 years and knowing about them the respondent without any demand of dowry directly/indirectly, without giving or taking any dowry of whatsoever nature married main applicant wife since both families knew
one another since long.

6. It is admitted fact that main applicant including 2 sisters have filed 498a matter against their respective families, and in trial main applicant wife also has accepted this very fact, the alleged facts of all complaints by all sisters
in their own 498a cases is same that they were assaulted and demand of 50,000 Rs was made and they were kicked out of the matrimonial home

7. That is it submitted on affidavit that the main applicants allegations are that she was assaulted and demand of 50,000 Rs and motorcycle was made. Affidavit filed 26-10-2010 states that she went to police station on 13th July
to kotwali Fatehpur, her complaint was not taken is alleged. Hence she forwarded the written complaint to SP Fatehpur by way of registry the same information was given, the same can be observed in ____/____ under affidavit and substantiated evidence, annexed as Annexure “A1″

8. That in witness box the self-same complainant has substantiated the fact, in the matter of 53/06, it is material on record and substantiated that on 12-07-2005, self-same applicant wife went to kotwali Fatehpur and 498a case was
registered in the kotwali and the final report of that matter has been reported by Kotwali Fatehpur.

9. In clear view and plain reading the applicant complainant is educated person and literate lady, and has willfully with clear oblique intentions to harass the present applicant and to mislead the court of law in different courts, in the
imaginary notion that one court of law cannot come to know what she has substantiated in another court of law, and there by misleading the court of law and playing pranks of judicial institution and false statements, from one court
to another court of law, and harassing innocents, and interfering in the administration of justice. And is using court of law as a tool. Heavy fine should be levied and stern action and punishment should be provided to restrain
other such litigants from making such false allegations and complaints against entire family, and this litigant has tried to break the family system, If such litigants are not punished others will gain confidence and the family system
will start to destroy in Indian Society.

10. It is admitted fact that father of complainant has also been tried for murder case; this fact is also admitted by the father of complainant and main applicant and is on material on record.

11. That Respondent stays in ________ since he was 17 years of age and continues to stay there, these above facts in paragraph 3 and paragraph 4 were not known and were kept hidden from the respondent and family, this amount to cruelty upon the present applicant respondent and his family members.

12. It is most respectfully submitted by the Respondent that the main applicant wife has filed for the reliefs u/s 498A, 406, 323, 504, and 506 of IPC by way of 156(3) on oath on 07.09.2005, which was received as 65/05 in the court of C.J.M Fatehpur; with allegations that she was assaulted and demand of 50,000 Rs and motorcycle were made by respondents and other members within 21 hours of marriage and she left thereafter.

13. Respondent had to move Honorable High court of Allahabad for relief u/s 482 Cr.P.C and Stay Arrest until filing of Charge sheet was granted by Honorable High Court of Allahabad.

14. Main Applicant wife filed one more private complaint dated 23.08.2006 with J.M Court Number 13 again u/s 498a, 323, 504, 506 and 34 of IPC and u/s ¾ of The Dowry Prohibition Act, on same grounds and same facts which should be null and void as per 300(1) Cr.P.C and to avoid double jeopardy.

15. Respondent again moved Honorable High court of Allahabad for relief u/s 482 Cr.P.C. and Honorable High Court of Allahabad directed for consolidation of both cases of 498a and directed to submit report under 173 Cr.P.C. in consolidation, the said Order from Honorable High Court of Allahabad is annexed as Annexure “A”.

16. Executive machinery police has filed a final “B Summary” report u/s 173 Cr.P.C on 14.02.2007. Main applicant wife has filed a protest application the order is passed, and upon which 1477/10 is initiated.

17. That Main applicant wife has filed false Maintenance Case u/s 125 Cr.P.C, Case No. ____/05 on __.__.2005, in J.M Court Fatehpur. Against husband who is otherwise a student, and is allegedly stated that he earns 20,000 Rs, which is false and imaginary to which no proof could be established and is unnecessary tactics used by applicant who is well aware of court procedures; And 125 Cr.P.C proceedings, relief to the wife were prohibited and application by applicant wife was dismissed at the outset.

18. The Maintenance case 125 Cr.P.C beyond doubt was dismissed by way of long and lengthy speaking order; as per Order Annexed as Annexure “B”.

19. Father of complainant wife , during Trial of 125 Cr.P.C, In the facts substantiated stated that he did not visit Respondents home until his daughter came back home when she was demanded dowry, only then he came to know about demand of dowry and assault on her. Annexure “C” green shaded region on page number 4 in ____/05 case. Adding that he was not even aware by any sorts of communication or by phone or by some person or by any other means, Shri Satyanarayan Awasthi was not at all aware that his daughter was demanded dowry or was assaulted by respondent/family members.

20. On the contrary, Main Applicant wife in her sworn affidavit and submissions in Case of u/s 9 of Hindu Marriage Act, Case Number __/06 in the J.M. Court Number 1 on page number 6 “dafa no. 8″ , states that she was being assaulted by respondent and family members during such time the servant who also worked in Main Applicants home also, saw this and went and informed family of Main applicant wife, and the same was communicated to family of main applicant by the applicant over telephone that there was nothing , But hearing this , since the
distance between Main Applicant and Respondent is very negligible and can be reached in less than 5 minutes by walk; Father, Mother, Brother and some relatives came to respondent home and after discussing the matter was resolved, but that continued and then thereafter main applicant was forced to leave
Matrimonial home and go to parental home.

21. These prima facie facts of the submissions of main applicants and her family members as per paragraph 13 and 14 of this application above, who have moved the court of law and initiated process that is otherwise, abuse the law, that is otherwise for destitute women application but is utilized for harassment making use of law as a weapon and tool to make innocent family members face criminal trial, which amounts to a very serious nature, The application moved by main applicant wife being not maintainable and she has suppressed the relevant facts and application being false , baseless, vexatious, imaginary. And hence do not make out any prima facie case against the respondents so as to summon the respondents to face trial and in this circumstances taking cognizance against
the respondents is bad in law and is untenable in the court of law, cannot be sustained, that it amounts to abuse of the process of Hon’ble court.

22. The facts mentioned and maintained by applicant wife are contrary to applicant wife’s father in different litigations about same event on same date ; The applicants self same submissions are contrary to her own self substantiate facts

23. That the application filed by main applicant wife during various times have changed the facts according to the need of context and sense of urgency and has manipulated facts with willful intention, while submitting information to the Ld Court, in various court of law, in cases filed by main applicant wife; the facts are imaginary and false, and this amounts to grave misuse of court of law and interference in the administration of justice and denying the liberty to the real victims, here respondent and family members.

24. The changing facts and misuse by main applicant wife, amount to disturbing the purity of law and damaging the serenity of the stream of justice and interferes in the administration of justice thereby performing acts of perjury
in every application in the notion of applicant wife that law is meant for harassment and since the applicant is a female will be exempted for her cruelty and using judicial system for her barbaric acts upon the respondent and his
family members and destroying image and reputation.

25. The persons who use the court of law for their private and personal vendetta should be punished severely so as to curb the menace of misusing and harassing the innocent families, such cases should become the highlight cases and
offenders should be sternly dealt with, without looking at the gender or caste or creed, which are not exempted from Article 15(3) of Constitution Of India.

26. The main applicant wife has willfully and with malafide intentions has filed the instant application, which is devoid of any merit and is interference in the administration of justice.

27. The Main Applicant wife has also filed Application u/s 12 of “The Protection of women from Domestic violence, Act”. U/s 18/19 of the said Act, On 30.05.2009, case number __/09, in the CJ.M Court Fatehpur.

28. The Main Applicant has filed the matter against Respondent, his ____________, ______________, also has roped and implicated brother Of respondent ______________________without any cause of action, again fabricating evidence that she was assaulted on false and fabricated grounds.

29. It is on material record that the Domestic Incident Report, In Domestic Violence Application, created as per procedure, by probation officer stated that no police officials are aware of the facts mentioned in the mentioned domestic violence application, where the incident allegedly had took place in domestic violence application, and that even after inquiry made by probation officers enquiry, and sequences of findings and observations made by probation officer came to conclusion that such facts as claimed by applicant wife were found false in the knowledge of people at alleged scene and scenarios mentioned in domestic violence application, and hence the same were false, the probation officer during such probe also came to know that applicant wife has filed 498a two times
and that her 125 Cr.P.C and revision of 125 Cr.P.C were rejected by honorable court, when wide probe inquiries were made by the probation officer.

30. That clearly the domestic violence application was also moved with the willful intention to injure and harass the respondent and family members and using court of law as a weapon for harassment.

31. That the domestic violence application is also dismissed on the meritorious grounds by way of lengthy speaking order, by the magistrate.

32. The main applicant has also fabricated medical report in the domestic violence to prima facie prove Domestic Violence, and the incidents alleged. The facts mentioned by main applicant wife are absolutely ambiguous and imaginary has suppressed the relevant facts and application being false, baseless, vexatious, and imaginary. And hence do not make out any prima facie case against the respondents so as to summon the respondents to face trial and in this circumstances taking cognizance against the respondents is bad in law and cannot be sustained it amounts to abuse of the process of Hon’ble court if without prima case having being made out a person is summoned to face trial.

33. The application of main applicant’s wife under section 125 Cr.P.C that was rejected and dismissed by Ld Court. The order was challenged by wife and the same was again rejected in session’s court while under revision, Revision Order is annexed as Annexure “D”.

34. The Main Applicant wife has concealed and suppressed true facts, submitted under oath has false submissions under oath, and more so are contrary to the submissions to this honorable court, which are perjurious in nature.

35. The main applicant wife in her complaints / applications until year April 2011, made no whisper of any Bengali girl with whom _______________had any intimation relation, In Application under affidavit filed by applicant wife u/s 9 of Hindu Marriage Act it is alleged that photo of Bengali girl was with ___________________ displayed to applicant wife and he started kissing the photo in front of Applicant wife. That the facts are baseless and imaginary and are false and fabricated and such cruel acts are performed since year 2005 where she didn’t even spend more than 21 hours.

36. Such allegations were not present in any previous applications of 498a matter or 125 matter, or revision under 125 , even Domestic Violence application was filed and the reliefs are dismissed by way of wide speaking order, and such new facts have landed on the legal grounds, this clearly and loudly entails that applicant is a habitual litigant in fabricating evidences and infringing rights and injuring the rights of other people, without due consideration about the grave injury caused by willful intention with imaginary illusions, thereby causing grave hurt and character assassination and injecting mental agony in the hearts and soul of respondent and his family members. Thereby not only infringing rights of applicant but also willful interference in the administration of justice and disturbing the serenity of the stream of justice.

37. From above instances and admitted facts and arising facts after long and more than 5 years. That main applicant wife is a habitual offender and having two sisters who have filed 498a against upon their respective in-laws, and
father being tried for murder case, is continuously over the years since marriage of one single day, has filed application after application using courts as weapon to dominate the family of in-laws and to grab the land and money of in-laws, to satisfy her needs and her individual principles, she has been attempting to interfere the administration of justice, it is imperative to punish such litigants, who are using heavy hands in the name of weaker section and destroying the very purpose of legislations provided to weaker sections of the society.

38. The applicant wife has filed an application , This new application that was meant to delay and prevent her substantiation of submissions, which stands rejected, In this application she demanded that she will not appear in the court of law until 40 Lakhs Bond was not filled, in matter of Restitution of conjugal rights u/s 9 Of Hindu Marriage Act.

39. There by denying early relief to respondents and interference in the interest of justice to innocent victims. Thereby interfering in the administration of justice.

40. In the Trial of 125 Cr.P.C, PW1 The complainant wife substantiated that my father is poor and she has two sisters and father cannot maintain her, In-laws are rich, And PW2, the father of complainant wife in his substantiating evidences, under oath stated that he is poor and he cannot fulfill the maintenance required to his daughter and his daughter also cannot maintain herself.

41. On the contrary, in the party witness 3, Sister of complainant wife, in the matter of __/06 u/s 9 of Hindu Marriage Act, under sworn affidavit, named Tilak, in her affidavit Tilak has maintained under oath that her father has ample amount of land of 50 to 60 Bighas of the agricultural land.

42. It is pertinent to note that, This is clear voice of fabrications and contrary statements which lead to the interference in the administration of justice and destroying the image of innocent victims respondents and his family
members who are undergoing mental agony, character assassination, loss of reputation, being defamed in application after application by family of all three daughters who have filed 498a cases against their in-laws and father who
has been also tried for murder case and also stands witness in cases.

43. Applicant being legally bound by oath in this Hon’ble Court to state truth in her affidavit but the applicant and her witness has with knowledge and willful intention have deposed false in their affidavit and substantiated
evidences. Applicant has being knowingly and intentionally given false statements in judicial proceedings.

44. From above facts and instances, it is clear and loud, that this main application by wife is false, fabricate, contrary to statements maintained in the honorable court by the self-same applicant wife, That it is proven on material record, the statements made under oath are contrary and injurious to respondents in the instant complaint made by applicant wife.

45. Respondent states that the applicant wife is a guilty of the Act of perjury by making false statements, on oath solemnly affirming, willfully and knowingly that those Statements are false, in “AFFIDAVITs” on various dates submitted by her in this Hon’ble court with oblique motive to misguide and mislead this Hon’ble court with a view to extort money where as she is not entitled for any relief under the said Act.

46. The facts mentioned and maintained by applicant wife are contrary to applicant wife’s father in different litigations about same event on same date ; The applicants self same submissions are contrary to her own self substantiate facts

47. Respondent states that the material on record before this Hon’ble Court prima facie proves that the applicant has committed the act of perjury in her submission and the same has been described in detail.

48. It is most respectfully submitted that Orders by the Judiciary branch under proceedings have clearly and loudly mentioned that petitioner should come to the court in clean hands and Injunction Temporary as well as permanent Injunctions of petitioner was prohibited and rejected. As, her averment were not reliable based on documentary evidences presented by respondent, and It can be loudly and strongly observed that without strict proof petitioner applicants any averment is unsafe and unreliable, and are changing facts like air on earth.

49. It is most respectfully submitted that paragraphs and facts in instant application by applicant wife are self-submitted facts under oath by the main petitioner wife in more than two different courts having different legal stands
as pointed out above, thereby playing fraud with the court and prejudice the Ld. Court to allow relief and harassing the real innocent victims, and thereby committing the act of perjury under oath and solemn affirmation, and with
willful intention to injure, and to interfere administration of justice and harass the respondents.

{B} The petitioner has comitted an act of perjury in her following submissions

in view of her submission given above:

50. Respondent states that, the applicant has made the following willfully perjurious, intentionally deposed false and misleading statements on oath solemnly affirming, in her aforesaid “AFFIDAVITs” submitted by herself in this
Hon’ble court with oblique motives and are verified and Prohibitory Orders also have recognized as false by the respective Ld. Court. Which clearly proves that the main applicant wife is deposing false on affidavit in reply in this Hon’ble Court on her whims and fancies thereby committing the act of perjury by giving false evidence during the judicial proceedings in this Hon’ble court? Hence applicant wife is punishable for the act of perjury, which adversely affects the administration of justice.

51. Respondent states that, Applicant filed the Affidavit filed by main applicant wife in applications submitted an Application under this instant Ld Court. are false, vexatious, concocted and misconceived to harass the Respondents and make him/them to run from pillar to post, Respondent states that applicant has not come with clean hands before this Hon’ble Court and suppressed material facts intentionally, creating new facts as delaying tactics and denying
early justice, thereby interfering in the administration of justice. It is pertinent to note that applicant is only interested in making ambiguous and vexatious allegation against the respondent without any iota of evidence in
support of her submissions and trying to mislead and misguide this Hon’ble court by making vague allegation against the respondent. Respondent states that petitioner has not come to the court in clean hands and this material fact have been intentionally suppressed and concealed or created on self-imaginations knowingly from this Hon’ble Court in the main application to mislead this Hon’ble Court, this is very clear and has been proved with substantial evidence by the respondent.

52. In order to appreciate the aforesaid aspect, I deem it necessary to reproduce the relevant provisions of the Cr.P.C.:

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

…

195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

(1) No court shall take cognizance-

…

(b) (i) Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, Sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is
alleged to have been committed in, or in relation to, any proceeding in any court, or

(ii) Of any offence described in Section 463, or punishable under Section 471, Section 475 or Section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in
evidence in a proceeding in any court, or
(iii) Of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that court, or of some other court to which that
court is subordinate.

40. In the conspectus of the aforesaid provisions, if the relevant provisions of the Indian Penal Code, 1860 (hereinafter referred to as the IPC) are perused, it does appear that the provisions of Sections 193, 199, 200 and 209 are attracted. The said provisions read as under:

IPC Section 193. Punishment for false evidence

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Explanation 1-A trial before a Court-martial; [* * *] is a judicial proceeding.

Explanation 2-An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

IPC Section 199. False statement made in declaration which is by law receivable as evidence

Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which
is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

IPC Section 200. Using as true such declaration knowing it to be false

Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. Explanation-A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of Sections 199 to 200….
…

IPC Section 209. Dishonestly making false claim in Court

Whoever fraudulently or dishonestly, or with intent to injure or any person, makes in a Court of Justice any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend
to two years, and shall also be liable to fine.

53. 14. Respondent states that thus material on record before this Hon’ble court and perusual of detail aforesaid description in this application clearly proves that applicant has committed act of perjury by intentionally giving enormous false and fabricated evidence during judicial proceeding in this Hon’ble court by submitting false in her “AFFIDAVITs”. Thus filing false affidavit in the court of law, causes obstruction in the course of justice and also adversely affecting the administration of justice. Also applicant cannot be permitted to take liberty of spoiling purity of justice. In this facts and circumstances, the respondent has filed this present application in this Hon’ble Court in exercise of jurisdiction of this Hon’ble court u/s 340(1) of thr Cr.P.C, 1973. Against the main applicant wife and it is to expedient in the interest of justice to prosecute the applicant as prima facie evidences are adduced in that behalf.
Hence applicant is punishable for the act of perjury, adversely affecting the administration of justice.

54. Respondent further states that all adverse allegations and incidents mentioned/deposed by the applicant in this Hon’ble court had never happened and the same are false, baseless, malicious, vexatious, concocted, futile and
imaginary story made intentionally to harass respondent from court to court across Uttar Pradesh states and put respondents under pressure by misusing the provision of law conveniently and cunningly in attempt to extort money from the respondent. it goes to show that, the main applicant wife is only interested in making ambiguous and vexatious allegations against the respondent without any iota of evidence in support of her submissions and trying to misguide the Hon’ble court by making vague allegations against respondent and whatever allegations where sole testimony of main applicant. In fact there is no proper allegation against the respondent. Respondent states and submits that, the continuation of prosecution against the respondent is not only the abuse of process of law, but also defeats the ends of the justice. The Applicant ‘s application u/s 498a, 323, 504, 506, 34 of IPC and ¾ of The Dowry Prohibition Acts devoid of merits and deserves to be dismissed with exemplary costs and suitable punishment in the interest of justice.

55. I say that therefore, it is clear from the above Para that the petitioner is guilty of the act of perjury, as she has made the aforesaid false statements on oath with solemn affirmation providing false information to this Hon’ble court, willingly and knowingly that the same are false and the respondent has submitted the documentary evidences that those statements are false. In these circumstances, the respondent has filed this present application in this Hon’ble court in exercise of jurisdiction of this Hon’ble court u/s 340(1) of the cr.p.c, 1973. Against the petitioner and it is expedient in the interest of justice to prosecute the petitioner as Prima Facie evidences are adduced in that behalf.

56. Respondent adopt each and every statement, submission and averments made in this application, that all statements are from applicant wife’s applications and are brought forth to the notice of the instant Ld. Court.

57. Respondent craves leave of this Hon’ble court to add, to alter and amend this application. Respondent carves leave to add, alter and amend this application.

58. Respondent had not filed any other application for the act of perjury committed by the applicant in this Hon’ble court against the applicant in any other Hon’ble court.

59. Respondent has not filed any other application for the act of perjury against the petitioner, either in this Hon’ble court or any other Hon’ble court for the subject matter hereto.

60. It is therefore, most humbly prayed by the respondent that; a. By considering the aforesaid facts and circumstances, respondent most humbly pray that this Hon’ble court be pleased to kindly charge the petitioner and
commit the matter to the concerned Metropolitan Magistrate court to prosecute the petitioner for the act of perjury in her application to implicate falsely to innocent victims.

b. In the peculiar facts and circumstances of the case. Your Honor may Kindly dismiss the application filed by the applicant under 200 Cr.P.C be dismissed with exemplary costs to meet the ends of justice

c. Costs of the proceedings may kindly be awarded to the Respondent from the applicant.

d. Initiate the proceedings of perjury for infringement of rights and harassment, using the sections which are for destitute women, the same are misused and harassment of respondent and female party thereby playing pranks
with the modesty of women of the women party.

e. Kindly pass such other suitable orders as may deem fit and proper to meet the ends of justice in the peculiar facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE, THE ABOVENAMED RESPONDENT AS IN DUTY
BOUND SHALL EVER PRAY.
Solemnly affirmed at _________.
Dated; this ____day of December, 2010.
Respondent

V E R I F I C A T I O N

I, Mr. ____________________. ________Years of age, presently residing at
______________________________. The respondent above named do hereby state and
declare on solemn affirmation that whatever stated in the above Application is
true and correct as per my knowledge and belief; that no part of it is false and
nothing material has been concealed there from.

Solemnly affirmed at ____________.

Dated; this _____day of May, 2011. Respondent

Categories: Perjury CrPC 340 Tags: Perjury CrPC 340

Perjury CrPC 340

October 1, 2011 498agladiator Leave a comment

IN THE COURT OF THE METROPOLITAN MAGISTRATE TRAFFIC COURT – I,

IA. NO.

IN

Crl.Misc.No.XX/2009

Between:

XXXXXXXXX . . . . . Petitioner

And

XXXXXXX . . . . . Respondent

APPLICATION UNDER SECTION 340 – R/W SECTION 195B OF THE CODE OF CRIMINAL PROCEDURE AND SECTION 193, 196, 199, 209, 211, 463 & 471 OF IPC:

The respondent above named most respectfully submits as hereunder:

The address of the parties for the purpose of service of notice, summons, process etc., from this Hon’ble Court is shown in the cause title. Respondent may also be served through his counsel Sri xxxxxxxxxxxxx, Bangalore –XXXXXX.

1. The respondent submits that the petitioner has made intentional false statements, produced fake, false, created and fabricated document and intentionally lied to gain relief from her main petition.

2. The respondent further submits that, the petitioner has lied on oath before this Hon’ble court by suppressing the fact that she is a housewife whereas she is working and gainfully employed as XXXX from xxxxxx in XXXX, Bangalore and was earning a salary of XXXX/- in xxxxxxxxx itself through her XXXX bank salary account # XXXXXXXXXXXXX. The petitioner has lied with sole intention to mislead this Hon’ble court for wrongful gain and relief from her main petition.

3. The respondent further submits that, in Para-X of the “EXAMINATION-IN-CHIEF BY WAY OF AFFIDAVIT” the petitioner has lied that a Television – Color SONY – 29” was provided to the respondent. The petitioner during her cross-examination held on XX-XX-XXXX had admitted that the TV was purchased in XXXX. Respondent has provided bills for TV purchased by him in XXXXXXXX to this Hon’ble court during respondent evidence in this case and had been marked EXRX & EXRX. These bills and EMI statements clearly establish that TV was purchased by respondent in XXXX, contrary to the false claims of petitioner. These documents clearly establish the false hood of the petitioner with a malafide intention to mislead this Hon’ble court for wrongful gain and relief from her main petition.

4. –

5. –

6. The respondent submits that the petitioner has committed the grave offences, which are within the cognizance and jurisdiction of this Hon’ble Court and the petitioner is liable to be prosecuted and punished as per the provisions of the section 340 of Cr. P. C read with section 195B Cr.P.C for the offences committed under the sections 193, 196, 199, 209, 211, 463 & 471 OF IPC.

7. The respondent seeks the leave of this Hon’ble Court to urge additional grounds and produce additional evidence during the course of the above proceedings.

PRAYER

WHEREFORE, the respondent above named most respectfully prays that this Hon’ble Court may be pleased to inquire into the offences defined under the sections 193, 196, 199, 209, 211, 463 & 471 of IPC as per the provisions of the section 340 of CrPC read with section 195B CrPC and deal with the petitioner in accordance with law for giving false statements, causing wrongful loss and deceiving this Hon’ble Court during the judicial proceeding in the interest of justice.

Advocate for respondent Respondent

Categories: Perjury CrPC 340

CrPC 91-Call for records : Template

October 1, 2011 498agladiator Leave a comment

IN THE COURT OF THE METROPOLITAN MAGISTRATE TRAFFIC COURT – I, MAYO HALL AT BANGALORE

Crl.Misc.No.XX/XXXX

Between:

Smt. XXXXX . . . . . Petitioner

And

XXXX . . . . . Respondent

APPLICATION UNDER SECTION 91 OF THE CODE OF CRIMINAL PROCEDURE:

The respondent above named most respectfully submits as hereunder:

1. The petitioner has lied on oath before this Hon’ble court by suppressing the fact that she is a housewife whereas she is working and gainfully employed as a XXXXXXXXXX from XXXX 2010 in XXXX, XXXX and was earning a salary of XXXX/- through her XXXX bank salary account # XXXXXXXXXXX. The petitioner has lied with sole intention to mislead this Hon’ble court for wrongful gain and relief from her main petition.

2. The respondent sent a legal notice to the XXXXXXXXX on XX-XX-XXXX to get her employment details but did not get any response from them.

3. It is further submitted that as the petitioner has made false claims in her affidavit and if not proven wrong could put the respondent in a disadvantage position in this case. The legal notice to the sent to the XXXXXX is attached herewith for the kind consideration of this Hon’ble court.

WHEREFORE, the respondent in the above matter most respectfully prays that this Hon’ble court be pleased to direct XXXXXXXXXX to provide offer letter, her salary details and her joining date of XXXX in the interest of Justice. While working in XXXX the petitioner was staying at the following address XXXXXXXXX. Petitioner had joined XXXXX IN XX-XX-XXXX.

Bangalore Advocate for respondent

Date: XX-XX-XXXX

Categories: CrPC 91

PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE WITH DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY

September 21, 2011 498agladiator Leave a comment

PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE WITH DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY
(Sections 10 and 34)

In the (High) Court of ………

To the Hon’ble Mr. Justice …….or To the Judge of ……..

The …..day ….. of 19 ……

The petition of A.B. of ……….

Sheweth,

1. That your petitioner was on the ….day of,……… one thousand nine hundred and ……lawfully married to C.B., then C.D., spinster at ….. (a)

2. That from his said marriage, your petitioner lived and cohabited with his said wife at……. and at …., in ….. and lastly at ……, in……………., and that your petitioner and his said wife have had issue of their said marriage, five children, of whom two sons only survive, aged respectively twelve and fourteen years.

3. That during the three years immediately preceding …… the day of …. one thousand nine hundred and …….X.Y. was constantly with a few exceptions, residing in the house of your petitioner………. at aforesaid, and that on diverse occasions during the said period, the dates of which are unknown to your petitioner, the said C.B. in your petitioner’s said house committed adultery with the said X.Y.

4. That no collusion or connivance exists between me and my said wife for the purpose of obtaining a dissolution of our said marriage or for any other purpose.

Your petitioner, therefore, prays that this (Hon’ble) Court will decree a dissolution of the said marriage, and that the said X.Y. do pay the sum of rupees, 5,000 as damages by reason of his having committed adultery with your petitioner’s said wife, such damages to be paid to your petitioner, or otherwise paid or applied as to this (Hon’ble) Court seems fit.

(Signed) A.B. (b).

Form of Verification

I, A.B., the petitioner named in the above petition, do declare that what is stated therein is true to the best of my information and belief.

(a) If the marriage was solemnized out of India, the adultery must be shown to have been committed in India.

(b) The petition must be signed by the petitioner

Categories: Application Formats, Divorce Format

Caveat Petition- Format

September 21, 2011 498agladiator Leave a comment

IN THE COURT OF THE CIVIL JUDGE _______ AT

NEW DELHI

CAVEAT APPLICATION NO. /2010

SHRI _______________________Aged_________Years, Occupation:

(Caveator Address)……………………. … Caveator

V/s

The ______________________Co.Limited )

Having their registered office at……………………………………………………………………………………..Other Party/Opponents

Caveat Application u/s. 148-A of the Code of Civil Procedure is as under;

MAY IT PLEASE THE HON’BLE COURT:

1. Pray that no Ex-parte order be passed in any Suit/Case/Application for injunction/any Recovery/prohibitory order/s to be instituted by the Opponents above-named in the Honourable Civil Court, ______________against Caveator in connection with the Loan granted to Shri ______________ by the Opponent Bank without due notice of the proposed Suit/Application to the Caveator above-named.

2. The address of the Caveator for service of notice/summons of the proposed suit/application of the Opponent above named is as per the title clause of this application.

3. The Caveator undertakes to serve a copy of this application by Registered Post A.D. to the Opponents above-named.

4. Fixed Courtfees stamp is affixed to the Caveat application.

Filed in the Court On _____________________

PLACE:

CAVEATOR Advocate for Caveator

Categories: Application Formats, CAVEAT Petition-Format

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Perjury CrPC 340

IA. NO.

IN

And

XXXXXXX . . . . . Respondent

PRAYER

CrPC 91-Call for records : Template

PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE WITH DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY

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