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406 and stridhan

(5 posts)
  • Started 5 years ago by ravikant
  • Latest reply from Adv.Kachave

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  1. ravikant
    Member

    Hi,

    My wife filled 406 private complain case against me and claim 'X' as her stridhan. Private complain is not admitted by JMFC with reason that "She is not able to prove when item 'X' is given to me". Then she filled revision in Session court which got dismiss. Now she filled the revision in high court.

    She filled the HMA 13 (A) in that also she is claiming her stridhan (same as 'X' which she claim under 406) under section 27 HMA. While during her cross examination in HMA case my lawyer tried to exhibit the 406 lower court and session court decision. But judge say he will not exhibit any 406 paper with following argument

    1. As that is related to criminal case and this is HMA 27 being not related.
    2. Revision is pending in high court

    Question:
    1. Is there any decision from high court or supreme court that I can show to family court judge and ask him to exhibit the 406 decision.
    2. How can I get relief from HMA 27.

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    Your question is little comfusing. both cases are with same judge ? whatever case papers may be, if its related to you you should get.

    refer this
    http://mynation.net/docs/000350-2011/
    http://mynation.net/docs/001074-2011/
    even this

    http://mynation.net/docs/01390-2008/

    Posted 5 years ago #
  3. ravikant
    Member

    Hi Dr. Dsouza

    Thanks for your reply.

    Let me put my question more clearly.

    She filled 406 private complain against me and my family claiming 'X' as her stridhan. Private complaint got rejected by JMFC later she filled revision for same in session court which also got rejected. Now she filled revision in high court regarding 406.

    Now she also filled HMA 13 (A) divorce case. Please note that 13 A case is filed in family court whereas 406 was filled in District court. So the judges are different in case of 406 and 13 A. Divorce case judge is Principle judge of Family court equivalent to District court judge in rank. In divorce case she is again claiming her stridhan (same articles as 'X' which she claimed in 406 private complain) but now under section HMA 27.

    Her chief is completed in HMA 13(A). During cross examination in HMA 13(A) my lawyer tried to exhibit the 406 decision of JMFC and session court (her 406 private complain decision which got rejected in JMFC and session court so that we can prove that complaint for same stridhan 'X' was got rejected by JMFC and Session court). But Family court judge (HMA 13 judge) said he will not exhibit the 406 decision because:

    1. As that decision is related to 406 (criminal case) and this is HMA 27 being not related.
    2. 406 revision is pending in high court

    Question:
    1. Is there any decision from high court or supreme court that I can show to family court judge and ask him to exhibit the 406 decision (in which she claimed the same stridhan 'X' and which got rejected by JMFC and session court).
    2. Can family court judge(Principle judge at family court) refuse to exhibit the 406 decision given by JMFC and session judge on the ground that criminal case decision can not be exhibited in Divorce cases?
    3. Can a famaily court judge refuse the decision of Session court as he is equivalent to District court judge in rank. So he is not bound to follow the session court decision (although the articles she is claiming are same in HMA 27 and 406)
    4. Also, is it not that I am facing two trials for the same complaint? Is there any judgement from which I can get relief that no two places same case be tried? (Please note in my case I already got relief for 406 complain from JMFC and Session court)
    5. Or I have to fight the HMA 27 case separately and 406 decision will not be of any use in this case.
    6. How can I get relief from HMA 27.

    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    use judgment of mynation docs as she cannt claim maintenance multiple times
    as she cannt use same clause in different claims., if her one claim is already dismissed then you refer to other court and ask the judge do the needful.
    Judge should not refuse to disclose any document, you RTI to get any document from court thats easy way to get.

    he has right to refuse any judgment at the same time you cannt be tried twice for same offence, use that judgment, if its already decided in one court why she is filling equalent court again.

    you have provide other proofs to fight maintenace, like education/job if she left her own etc etc

    find all judgments on http://mynation.net/docs/sitemap/

    Posted 5 years ago #
  5. Adv.Kachave
    Blocked

    There is no possibility to settle the matter being she has prosecuted , it seems to be separate from each other, it will be better to move before the court for divorce, otherwise quarrel turns in to big dispute & destroy peaceful life.
    http://www.jaihindlegal.com 9821387099, 9224799546

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 5 years ago #

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