MyNation Foundation Forum » Advice » 498A

  1. kurheamol
    Member

    Decided to go in High Court. I will be fighting Party In Person to challenge the order.

    Posted 5 years ago #
  2. kurheamol
    Member

    Sir, sending Grievance against the Judge. Also, drafting the petition for appeal.

    Posted 5 years ago #
  3. kurheamol
    Member

    Dear Sir,
    i have sent the Grievance against the Judge to Registrar of Bombay High Court.

    Will you please guide me under which section should I go in HC for revision of the Interim Order. i have gone through various laws where the Interim Order cannot be challenged i.e we cant appeal against the Interim Order but we can go for revision in HC.
    Pls let me know that under which section of CrPC should I file the revision???????

    Posted 5 years ago #
  4. kurheamol
    Member

    Dear SIR,
    Can we use S. 151 CPC R/w S. 10 FCA, 1984, in the CrPC 125 case which is under trail in Family Court????????/

    Posted 5 years ago #
  5. Dr.Dsouza
    Member

    can you explain what S.10 FCA, 1984, ?
    and what s.151 says

    Posted 5 years ago #
  6. kurheamol
    Member

    Dear Dr. dsouza,
    actually I was going through the Lawyers Club Forum where one of the member suggested this remedy to change the Judge.....

    pls find the link- http://www.lawyersclubindia.com/forum/Re-How-to-change-the-judge-35753.asp?1=1&offset=1

    thats the reason I wanted your suggestion on the same. But i think that wont be applicable as the Section 10 FCA itself clears the following-
    "10. (1) Subject to the other provisions of this Act and the rules, the
    provisions of the Code of Civil Procedure, 1908 and of any other law for
    the time being n force shall apply to the suits and proceedings (other than the proceedings under Chapter IX of the Code of Criminal Procedure. 1973) before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a civil court and shall have all the powers of such court.
    (2) Subject to the other provisions of this Act and the rules, the
    provisions of the Code of Criminal Procedure, 1973 or the rules made
    thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court.
    (3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one Party and denied by the other.

    Posted 5 years ago #
  7. kurheamol
    Member

    Can anyone share the process for filing Revision Petition against the Interim Order Passed in Bombay High Court. also I'll appreciate if any body could help me with the Fees and process fees which i need to pay for filing the Revision Petitions as well as Transfer Application.

    Posted 5 years ago #
  8. kurheamol
    Member

    At last filed a application for transfer in Bombay High Court. Its under pre-admission state. Also I have applied for interim stay till the final decision of HC.

    Now the Akola FC judge has started the dates which are two days difference.
    How to stop her??? Can I send TELEGRAM giving the details of Transfer Application and ask her to adjourn till the first hearing date of HC???????????

    Posted 5 years ago #
  9. Dr.Dsouza
    Member

    let FC judge know you appealed in HC and give him a copy

    Posted 5 years ago #
  10. kurheamol
    Member

    I had presented the MEMO/ Petition stating the same yesterday, but the Hon'ble ***** rejected verbally.

    what can be the other means to show that the Judge is doing it purposefully? Now the case is listed on daily basis.

    Posted 5 years ago #
  11. kurheamol
    Member

    Greetings!

    There's CrPC 125 against me filed in June 2011 and the court stage is for my evidence. I have got the PF details of the B***h through RTI which shows that she was working before marriage and also recently I got information that she is working with small organisation since August 2011. Also I got the same information from Online job portal where she mentions her salary 5000 per month. Currently Im jobless since May 2011. Still the Interim Order of 5000 was passed.

    my query--

    How to go ahead with the current status of the B***h as she is working??
    Can this resume be used as evidence against her???
    If not what should the appropriate steps to bring to the notice of Court that the Petitioner has come with malafied intention????

    Looking for your great support.

    Posted 5 years ago #
  12. Dr.Dsouza
    Member

    Find out where she is working;
    if its government job then with RTI you can get the details.
    you can write to HR of her company if its not govt saying she lied in court that, she is not working, and informthem if she is not correcting her statment you have right sue their employee and compnay or call HR to give witness in court.
    same time you can file petiton to dismiss her 125 saying she lied in court using other judgments citation.

    Posted 5 years ago #

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