1.This has not of much legal impact.
2.Stating such statement is of procedural nature and in any event he can always say that he signed on some other date than what has been mentioned there.
3.Do not run after this issue.It would give no result.
Same person presence in two places at same time
Sir,my husband filed divorce case on 18.06.2015 at bhagalpur family court .He has given undertaking to the court that he is signing the case content within the premises of court on 18.06.2015 at 8.30 am.His office is 30 km away from Bhagalpur family court.In RTI it was replied that He was also present in the office on 18.06.2015.In RTI it was replied that the normal office duty starts from 8.30 am to 5.30 pm.Now,I do want to know what are the legal aspect if I send legal notice to his department through lawyer.what will be the action of court ?please guide me.
Asked 8 years ago in Family Law
Religion: Hindu
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6 Answers
1) same person cannot be present at 2 places in same time
2) if your husband was present in office he could not have been present in court at the same time
3)in alternative your husband must have made his colleagues sign attendance on his behalf
4) complain to his superiors that husband was not present in office on said date as he has made statement on oath that he was present in court on said date .
5)disciplinary proceedings would be taken against your husband
Hi
You can bring it to the notice of the court and ask for an action.
Instruct your lawyer if there is a legal error and if it is an objectionable problem.
The place mentioned in the affidavit is the place of filing the petition.
Your husband had to be present before an oath officer to sign the affidavit in the court while filling, if he had done it outside court with a notary is also correct.
It depends on the place and courts the lawyers do it different way of filing.
It is better not to make an issue of it to send a notice but if it is a technical and legal error tell your lawyer to raise objection in court.
If there is a fraud or forgery or a miss representation happened you can ask the petition to be dismissed on that technical ground
You can very well send a letter to his department asking that if he was available on so and so date at so and so time, if so whether his claim for being present in the court at the same time and same date is true or false.
Let the office give its reply, if it does not then you may issue a legal notice with the facts and advising the concerned authority to initiate suitable disciplinary action to find out truth and punish him as per law.
Sir ,Please guide me.I m in govt job and got transfer to Mumbai from Bihar.My father is no more and my maternal home will not help me in getting divorce.But I do want to come out of this fake relation.My father in law took Rs 4.00 lakhs through my account before marriage .Can I file case in Mumbai high court as cheating to my father in law for my Rs 4.00 lakhs in account.
Asked 8 years ago
1) you cannot file case directly in mumbai HC
2) your option is to file FIR under 406, 498A case against husband and in laws for dowry harassment and continuous acts of cruelty and seek return of your stridhan .
If you have proof for giving money to your father in law, you may send him a legal notice stating that he took this money from you before marriage towards dowry which he need to return.
Consult your lawyer