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Author Topic: Wife moved back after first motion and said that she was not aware.  (Read 245 times)

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Offline rkap2324

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Me and my wife has been married since 2011 and due to some temperamental differences we got separated in 2017, and started living departed. Since then she has filed CPC 125, 498 A and Dv Act against me. The counseling done in CAW cell and i tried making my point clear that I was harassed by her and i am at no fault, however no one ever tried understanding me and said that I was guilty, now the cases has been registered and I started going on dates on the court sessions. She came up to me and stated that she needs to settle that with consent, I agreed to it, she demanded a huge sum of 20 lac rupees I said that you know that I am rented and I don't have any much savings nor a good earing, My 5 years kid is also taken by her,  and then she came up to me settle the things in 5 lac and i agreed to it, MOU was prepared and 13B(1) was filed and was ordered by court wherein I gave 2 lac initially, and it was written that she will take the cases off in 15 days. Now on the DV date she said with a changed lawyer that she was not aware that it was a divorce and was pushed into it and was ready to return my 2 lac. NOW what shall i do in this case ? This is a harassment to me and my family  at the end of 6 months.
Thanks.
Rohit.

Offline kalaskarkk

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Re: Wife moved back after first motion and said that she was not aware.
« Reply #1 on: September 11, 2018, 10:45:43 AM »
Dear Sir,
It is a clear case of Perjury. You can file it as follows.
=====

IN THE COURT OF THE HON’BLE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
Crl. Misc.Petition.No.                 /2018

IN

C.C.No.473/2017

PETITIONER/            -V/S-         RESPONDENT/
COMPLAINANT                     ACCUSED

Sri. Santosh                                   Smt. Manasa Shekar    
S/o Srinivasa Murthy,                        Aged about 27 years,
Aged about 36 years,                           S/o Shekar L
R/at No.290, 2nd ‘H’ Cross,                    R/at No.8, 10th Main,
3rd Street, Basaweshwar Nagar,                    3rd Phase, Giri Nagar,
Bengaluru – 560 079                      Bengaluru   560 085
             
                        

APPLICATION UNDER SECTION 340 READ WITH SECTION 195 OF CRIMINAL PROCEDURE CODE, 1973


May it please your Honor:

   For the reasons stated in the accompanying affidavit it is humbly prayed to lodge a complaint against Respondent, in the Hon’ble Court of  jurisdictional Magistrate for preliminary enquiry and registering a case for the offences punishable under sections 340 read with section 195 of Criminal Procedure Code, 1973, in the interest of justice and equity.            

                Applicant/Complainant

Through


Advocate

Place:
Date:



IN THE COURT OF THE HON’BLE V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU
Crl. Misc.Petition.No.                 /2018

IN

C.C.No.473/2017

PETITIONER/            -V/S-         RESPONDENT/
COMPLAINANT                     ACCUSED

Sri. Santosh                                      Smt. Manasa Shekar                     
A F F I D A V I T
I, Sri. Santosh, S/o Srinivasa Murthy, Aged about 36 years, R/at No.290, 2nd ‘H’ Cross, 3rd Street, Basaweshwar Nagar, Bengaluru – 560079, do hereby state on oath as under:
1.   That I am son of complainant in Criminal Case No.473/2017 which was disposed on 02.08.2018 by passing orders under Section 239 of Cr.P.C, in other words both the accused in the said criminal case were discharged. I know the facts of C.C.No.473/2017 on the file of this Hon’ble Court. My father had lodged a complaint against accused No.1 and 2 in C.C.No.473/2017 alleging offences under Sections 323, 504 and 506 r/w Section 34 of Indian Penal Code. The police filed charge sheet and arrayed Smt. Manasa Shekar that is my wife and Mr. Karthik Shekar the younger brother of my wife as accused No.1 and 2, respectively.
2.   I further state on oath that, cognizance was taken by this Hon’ble Court in C.C.No.473/2017 and issued summons to A1 and A2 and it was represented by Senior Assistant Public Prosecutor. Both accused No.1 and 2 appeared before this Hon’ble Court and obtained bail. The Accused No.1 that is my wife is in the habit of absenting regularly. On 19.06.2018 both accused No.1 and 2 were absent and application filed through their advocate under Section 317 of Cr.P.C was allowed. Further on 26.06.2018 both the accused in the said case were absent and E.P was filed and allowed. Finally the case in C.C.No.473/2017 posted to 07.07.2018. On this date accused No.2 was present whereas accused No.1 that is the above respondent/accused No.1 by name Manasa Shekar D/o Shekar was absent. The learned counsel for accused No.2 therein filed application under Section 317 of Criminal Procedure Code, 1973.
3.   I further state on oath that, in the application filed by accused No.1 under Section 317 dated 07.07.2018 it was stated as follows:
“That the above named accused submit as here under. The above accused is unable to attend before this Hon’ble Court today because her LL.B studying today. She conducting internship (Moot Court) mandatory for attend the class. Stated reason is bonafide not intentional. ”

4.   I further state on oath that, the above respondent who is accused No.1 in C.C.No.473/2017 misled her advocate as well as this Hon’ble Court stating that she is attending Internship that is Moot Court as she is pursuing LL.B Course. In reality on 07.07.2018 the above respondent was in Abroad and without disclosing the same got filed exemption petition under Section 317 of Cr.P.C. In other words the above respondent being accused No.1 in C.C.No.473/2017 went Abroad without  seeking permission of the Hon’ble Court. The said respondent misled the Hon’ble Court by submitting such application which amounts to criminal offence attracting the offence of “Perjury”.
5.   I further state on oath that, the above respondent being the student of LL.B not suppose to lie before the Hon’ble Court and get exemption for a day that is on 07.07.2018. The Respondent is liable to trial and punishment for the said offence.
6.    I further state on oath that, I tried to get relevant visa details of respondent having travelled Abroad in the Immigration Office but they said that they will furnish the said details only if such direction is issued by this Hon’ble Court. However, the said officials of Immigration Office, Bengaluru confirmed to the effect that on 07.07.2018 the above respondent was staying Abroad and not in India. I am moving separate application under Section 91 of Criminal Procedure Code for a direction to the concerned Immigration Officer to submit details of Abroad visit made by above respondent between the periods from 01.07.2018 to 31.07.2018. I confirm through this affidavit that accused No.1 in C.C.No.473/2017 misled the Court on 07.07.2018 and obtained personal exemption as if she was within the jurisdiction of this Hon’ble Court and thus committed an offence of perjury which is punishable under the relevant sections of IPC. Further I state that, since the above respondent was discharged in C.C.No.473/2017 as such this miscellaneous application is filed for taking stock of alleged offences committed by respondent and to refer the matter to any other Hon’ble Magistrate for necessary regular investigation and to conduct trial and to punish the respondent by registering a criminal case against her.
7.   I further state on oath that, the contents of this affidavit are true and correct and supported by relevant documents as may be necessary to dispose this application. The contents of the enclosed documents may kindly be read as part of this affidavit and also pass necessary orders on application under Section 91 of Cr.P.C which is accompanied along with this application. No loss or harm or prejudice would be caused to the respondent if this application is made over to the Hon’ble Magistrate having jurisdiction. On the other hand if this application is not entertained then the petitioner would be put to irreparable loss which cannot compensated in terms of money. I further state that discharge orders passed by this Hon’ble Court in C.C.No.473/2017 dated 02.08.2018 is being challenged and accordingly the process is going on. In this background it is necessary to take cognizance of the offence of perjury against the above respondent and to pass necessary orders.

VERIFICATION

The Petitioner hereby verify the contents of para No.1 to all of this affidavit and contents of enclosed documents from Document No.1 to all are found to be true and correct to the best of her knowledge, belief and information.

Identified by me                                     DEPONENT

Advocate
Place: Bengaluru
Date:
« Last Edit: September 13, 2018, 12:38:36 AM by admin »
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
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