Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.
I live in Bihar and my wife who lives in Uttrakhand has filed crpc125 and after one year 498a. It is difficult for me to attend both the cases as they fall on different dates. Is it possible for me to club both the case together.
Since the matter is still in the court and no final verdict has been passed. Can we still use this form to club all the cases related to 498A (My lawyers says that criminal cases can be clubbed together and other civil cases would separetely be clubbed.) Also, Do I need to give this application in the court where 498A is running or can I also submit it where my DV case is going on?
Hi, I have already submitted clubbing application (for 498A and DV cases running in neighbouring courts) under crpc 408 application.
My opposite party has submitted Her WS on my 408 application without an affidavit and Address Purshis. Is it acceptable for crpc 408? (WS without sworn affidavit and address purshis)
Do I need to go to high court to apply for clubbing of cases. Because I first filed for divorce at my place on grounds of desertion, cruelty and her psychological problems. Later she filed 498A and 125Crpc and RCR at her place. Now do I need to go to high court to apply for clubbing because she is from another district?
my wife filed two separate case against me in same court under same judge. one is under crpc 125. another is undder ipc 498a,323,406,34. can i club both the case together?
if i can, then please send me one template application for the same.
498a trial generally happens at a magistrate court.
DV, crpc 125, trial can be at magistrate court OR family court.
HMA is at family court.
If we combine these cases :- then will they be moved to (a) family court ? OR (b) district court – where senior judge might be available OR (c) magistrate court ?
If they are moved to family/district court , accused are left to go to HC for any revisions/appeals of 498a.
21 Comments
I live in Bihar and my wife who lives in Uttrakhand has filed crpc125 and after one year 498a. It is difficult for me to attend both the cases as they fall on different dates. Is it possible for me to club both the case together.
Both cases would be running in different courts, you can get same date for both cases.
Hi Sir,
Since the matter is still in the court and no final verdict has been passed. Can we still use this form to club all the cases related to 498A (My lawyers says that criminal cases can be clubbed together and other civil cases would separetely be clubbed.) Also, Do I need to give this application in the court where 498A is running or can I also submit it where my DV case is going on?
Yes. You may try
Hi, I have already submitted clubbing application (for 498A and DV cases running in neighbouring courts) under crpc 408 application.
My opposite party has submitted Her WS on my 408 application without an affidavit and Address Purshis. Is it acceptable for crpc 408? (WS without sworn affidavit and address purshis)
Thanks
Has anyone been successful in clubbing the cases so far citing the said SC judgement? What best practices can be learned?
Do I need to go to high court to apply for clubbing of cases. Because I first filed for divorce at my place on grounds of desertion, cruelty and her psychological problems. Later she filed 498A and 125Crpc and RCR at her place. Now do I need to go to high court to apply for clubbing because she is from another district?
my wife filed two separate case against me in same court under same judge. one is under crpc 125. another is undder ipc 498a,323,406,34. can i club both the case together?
if i can, then please send me one template application for the same.
You can club in the context that all cases would be heard on same day.
498a trial generally happens at a magistrate court.
DV, crpc 125, trial can be at magistrate court OR family court.
HMA is at family court.
If we combine these cases :- then will they be moved to (a) family court ? OR (b) district court – where senior judge might be available OR (c) magistrate court ?
If they are moved to family/district court , accused are left to go to HC for any revisions/appeals of 498a.
I agree, but SC has done so as an interim measure, the said judgment from which these applications arise is set to be reviewed in April 2018.
kindly send me
1. clubing of all cases in one application format and
2. 65b affidavit and application for audio video files in court
Please use contact me link to get the same.
While refer looking at the clubbing of all the matrimonial cases.
If at 2nd case it’s a case in Family court (HMA), Why name of police station is to be mentioned?
I think police is not involved in HMA cases.
Because even the family courts have jurisdiction in same manner as Police Stations.
Please share the template for clubbing of cases in One court.
Please use contact me form to get the same.
Hi Sir
Please share the template for clubbing of cases in One court.
Regards
Nitin
Please use contact me form to get the same
Can you please make it downloadable or send soft copy at ” bhaskercts@gmail.com “
get the same by using contact me form