Petition to club all cases into one

IN THE COURT OF { name of judge}

In the matter of:-

STATE {Name of State}

VERSUS

{Husband’s name} & Anr./ Othrs.                                                                 ..ACCUSED

FIR NO. XX/ XXXX

PS: {Name of Police Station}

U/ S 498A/ 406/ {any other}/34 IPC

 

ALSO IN

 

{Husband’s Name}                            VERSUS                                            {Wife’s Name}

 

HMA No.. XX/ XXXX

PS: {Name of Police Station}

U/ S 13 (1)(i-a) & (i-b)

 

ALSO IN

 

{Wife’s Name}                                   VERSUS                                            {Husband’s Name}

 

DV Case No.. XX/ XXXX

PS: {Name of Police Station}

Application to club all connected cases between {husband name} and {wife name} arising out of matrimonial disputes

Most respectfully showeth:-

  1. That this is to bring to your kind notice that on 27th July, 2017, Supreme Court provided guidelines for handling of matrimonial complaints especially related to IPC 498A and dowry harassment in its landmark judgment titled Rajesh Sharma & ors.  v. State of U.P. & Anr. [2017 AIOL 3631]

 

  1. Acknowledging the misuse of IPC 498A and other dowry harassment related laws by disgruntled wives, SC opined that “the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted”

 

  1. That following matters are pending between {husband name} and {wife name} arising out of matrimonial disputes

 

  1. Case No. XXXX/XXXX and titled State Vs {Husband’s Name & Anr/ Ors} arising out of FIR No. XXX/XXXX PS XXXXXXXXX u/s 498A/406/34 IPC pending in the court of Ms. _________ and N.D.O.H dd/mm/yyyy
  2. Case No. XXX/XXXX and titled {Wife’s Name} Vs {Husband’s Name & Anr.} u/ s 12 of PWDVA, 2005 and pending in the court of Ms. _______ and N.D.O.H. dd/mm/yyyy
  3. Matrimonial Suit No. XXX/XXXX and titled {Husband’s Name} Vs {Wife’s Name & Anr.} u/ s 13(1)(i-a)(i-b) of HMA, 1955 and pending in the court of Mr. _______ and N.D.O.H. dd/mm/yyyy
  4. Maintenance Case No. XXX/XXXX and titled {Wife’s Name} Vs {Husband’s Name & Anr.} u/ s 125 of Criminal Procedure Code, 1971 and pending in the court of Mr. _______ and N.D.O.H. dd/mm/yyyy
  5. ANY OTHER CASE
READ  Need material evidence to prove dowry demand.

 

  1. That in the light of above law laid down by Hon’ble Apex Court, it is hereby requested that the above matters be clubbed in the court of a Sr. Judge in your court so that holistic view can be taken and unnecessary harassment to the applicant be avoided.

PRAYER

  1. I hereby humbly pray to club the aforesaid matters at the earliest as per the guidelines provided by Hon’ble Supreme Court and in the interest of Justice.

 

  1. Stay the Proceedings in all these matters till the Sr. Judge is designated.

 

{Place}                                                                                                                        Applicant

 

Dated                                                                                                             Through

 

Counsel

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