Legal Question in Family Law in India
can a judge refuse to take Cr P C 340 petition against false statement by wife that she is unemployed whereas she is working and the judge advise husband to file petition under Cr P C 127?
Asked on 3/27/13, 10:59 am
3 Answers from Attorneys
Vishwa Arya
Arya & Co.
Normally judges would not refuse to take any application or petition be it may under section 340 Cr pc. In fact by refusing the judge has given his mind that he is not inclined to conduct an inquiry under 340 cr p c. You still have the right to file it. He may dismiss it for which you may appeal the order before the higher court.
Answered on 3/27/13, 9:46 pm
Jayesh Desai
Jayesh Desai
You can appeal against judges order. One cannot criticize a judges order. Right of appeal is available to all parties.
Answered on 4/06/13, 9:40 am