Reply To: 406 and stridhan

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.