Legal Question in Criminal Law in India

supression of fact

Respected advocates.

In my maintenance case under sec 125 my husband has given affidavit that indian court has no jurisdiction as he has filed for divorce in US.He is in US on h1 visa.But actually indian court has put temporary stay order against his pending divorce petition in US and permanent injunction order is pending and he has been asked to show case why permanent injunction will not be given in my favour.Judge told us to communicate this order through email and fax.We did that.But in maintenance case has has supressed this fact that injunction case in pending one the other hand he is asking to dismiss the case as divorce is pending in US.What action can be taken to supress this material fact?


Asked on 5/13/09, 8:39 am

4 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: supression of fact

you can consult your advocate.

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Answered on 5/14/09, 9:41 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: supression of fact

You may permit the advocate who is conducting your case to take suitable steps.

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Answered on 5/13/09, 10:59 am
Shrichand Nahar S.V.Nahar, Advocate

Re: supression of fact

Is it necessary to plead about other pending matters in an application U/s.125 Cr.P.C.?

If it is necessary, then same may be treated as suppression of material fact.

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Answered on 5/15/09, 12:55 am
Pranav Desai PD Legal & Associates

Re: supression of fact

Your query is not clear. You should not suppress anything before going to court.

However, we suggest to consult your lawyer who would guide you on the basis of your case.

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Answered on 5/14/09, 1:23 am


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