Hii all,

1. My X's 125 interim petition has been rejected by the lower court. she will get 0 interim now.

2. she gave false statement that "she has no income" in the Affidavit, which we proved false showing her all Income Tax Return statement for last 3 consequtive years where her income incremented gradually each year from 1.5Laks -- 2.3 Lakhs--to -2.8 Lakhs in the current year.

3. Now 1 month passed after the order given by lower court, ACJM. can they now move to HIGH Court ?

4. Now for the 125 main petition hearing also they are not showing any urge.so my lawyer is taking dates as per our wish. probably they broke up.

4. If she file no return for next year or she might show only 1Lakh which she will certainly do & then she will ask money from me again ...will the court accept it then ???

5. i filed 340 against her false Affidavit in the lower court but this time the same ACJM rejected my 340 even w/o hearing.

Now What could be my strategy ? pls suggest.....

Regards,
S chakraborty

If 340 is rejected, you can take the order and challange it in Session Court u/s 341.

She may not move for revision/ appeal, if the order given by ACJM is very terse and speaking order by way of reasoning.

Rest, we would cross the bridge once we come to it. No hurry my brother, if you have to cross a 4 ft ditch and u can only jump 4.5 ft, you should not jump from 3 ft before the ditch. You would certainly fall in the ditch by doing that. :-)

Pls answer the following three questions:

1. MY lawyer is saying instead of going to session court directly we can go to High Court for 340 which has been already rejected by lower court ..So Wt would be better : session court / High court for filing the 340 again??



2. For 498A case Can I get the "Statement recorded from the Witnesses u/s 161" from court along with the chargesheet OR only the chargesheet will be provided to me by the court ?


3. After court handover me the chargesheet how much time i will get to apply for Quashing / discharge petition before the trial will start ?


With Regards,
S Chakraborty

I don't think HC would entertain the plea directly, as it is not revision, it is an appeal, which lies in Session Court.

For question 2 and 3. You would get the copy of chargesheet with all 161 statements at the time of challan. You would get ample time to challange it.

Marriage: Nov , 2009

1. The petitioner was professionally a pvt. Tutor and used to work day and night , batch after batch from morning to night in coaching and she had income upto 31st March 2009.



2. But the last IT return she filed for 2009-10 is on 15-06-2009 which is long before her marriage.



3. From JAN 2009 petitioner became severely ill for her continuous unrest work of private coaching of various students , batch after batch , from morning to night.


4. she started suffering from HEADACHE and various other problem & family physician advised her to stop coaching of students from JAN 2009.


5. after 6-7 months petitioner succeeded to recover herself <i.e. around July 2009> and after that she got married on November 2009.


6. So the final point is at the time of marriage < Nov 2009> she had no income < she only earned upto JAN 2009 for which she filed 2009-10 return> so she has not suppressed any facts by saying that she is unemployed & she has no income. previous income should not be considered.


7. Now she is mentally upset , her health has been broken & now she has got no capacity even to earn something by coaching students. ----------->So NOW GIVE Money...



8. Also the IT Return statement what my lawyer produced was "Mechanically Distorted copies" i.e. "XEROX copies of IT return Statements"


<9. Several points they also mention on how malpractices done by my Advocate < i.e. Somnath > as he didn't serve the copies to petitioner's advocate properly & also on ACJM's poor Order taken on the basis of Mechanically Distorted Xerox copies .>