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Victim of Domestic Voilence (Service)     27 April 2013

Urgent-recovery case filed by wife in domestic violence case

Hello Ld. Members and Seniors,

 

My name is Ajay from Pune. I seriously need your advice on the following matters.

 

My wife along with 1 yr daughter left me and my son 2 yrs old and went for brothers marriage in July 2010. After that she never came back. After going in Sept 2010 she filed a case against me that I have kept my son forcefully. But the allegation that were made by my wife that I have kept my son forcefully were rejected by the H'onble JMFC court and granted the custody of the son to the father that is me. In Aug 2010 I filed for RCR and the H'onble Session Court issued ex-party order in favour of me i.e. Husband as wife never appeared in the case. Judgment was that from Dec 15, 2010  wife should return back to husband house within 15 days i.e. by Dec 30, 2010. She never came back. After that in Feb. 2011 wife filed DV case against me. While this case was running my (husbands) advocate requested the Judge that the husband is interested to co habilitate with wife. So the court asked the wife if she is will to stay with husband to which she responded that she would like to stay with husband. After that on June 2010 wife returned back to husbands house along with daughter. Due to her frequently talks with her parents she started to behave abnormally and finally she said that she doesn't want to stay with husband. Also said that she doesn't even want the daughter. So on Aug 2010 she ran away from the court leaving both the children with me. I told her that I will hand over her to her parents in court. But somehow she managed to escape from the court premises. The DV case started again. Now the negative part on my side was that the judgment was made in April 2011. In that DV was in favour of my wife because my wife's evidence was lead but my evidence was not lead by my advocate. Reason was my wife's mother's evidence was not lead so my advocate told the judge that my evidence will also not be lead. This was a very big mistake that my advocates did and the case turned on me. So the judgment was issued that the husband need to pay Rs. 5000 to wife along with children from the day the application was filed i.e. Feb 2011. We told the judge that the children are with me so how come I need to pay Rs. 5000 to wife. The judge said to solve the matter outside and the judgment is already been made. Another mistake what I did is that I never appealed to that judgment. I started living with my children and my mom. I was not paying her Rs. 5000 per month but after all the expenses of my children my mom's and my medication (mom is BP patient and I husband is Diabetic patient). I paid her Rs 1000 per month.

 

Wife never collect the amount that I paid in the same court. Now in Jan 2012 she file a recovery case that a huge amount is pending with the husband which has to be recovered. So she file a case against me requesting to issue a Non Bailable Warrant against me to recover the pending amount. This case is still running and I have got the next date as May 3, 2013. Also when I had gone to the last date I came to know that the wife is filing another case under Sec 21 of Domestic Violence Act. I believe that this case she might have filed for getting the custody of the children and some more things. I am yet to receive the summons for this.

 

My question to all Ld. Member and experienced members is:-

 

1.     Do I need to pay the whole amount from the date the application has been filed i.e. from Feb till April 2012. The amount comes up to 1 lakh 30 thousand. In this I have paid only RS. 14,700/- one thousand per month. Now since the children are with me and I am taking care of their schooling medical tuitions clothes stay food and other expenses. Both my son and daughter are going to the best schools (English medium). Please advice me on how can I reduce this lump sum amount. How can I convince the judge. I am a 10 fail person and my wife is studied till 12 class. It is very difficult for me to manage everything due to my education background. Wife is capable to work but she is not working and relying on me. How can I tackle this situation?

 

2.     Also the second case that my wife has filed asking for the custody of both children. It has been almost 2 years that children are staying with me. Now I am very much sure the reason for her asking the kids is only money. She has never shown interest in kids before. I have all documents bills receipts that I am taking very good care of children and they are very happy staying with me. Please advice me how I can tackle the case and win the custody of both my children. Currently my son is 6 yrs old and daughter is going to be 5 yrs old. Son has gone to Sr. KG and Daughter has gone to Jr. KG.

 

I heartily request all Ld. and experienced members to help me to fight for my cases and get back what I have lost. I love my children and don't want them to go away from me.

 

Awaiting for your response. 

 

Ajay



Learning

 17 Replies

adv. rajeev ( rajoo ) (practicing advocate)     27 April 2013

very big quetion.  

Anjuru Chandra Sekhar (Advocate )     27 April 2013

Which are the cases you filed against her, under which sections and which are the cases she filed against you and under which sections.  How many are these are pending and how many are decided by courts?

Ranee....... (NA)     27 April 2013

: ) @ Author, seems you are an idle person.

(Guest)
Originally posted by : Victim of Domestic Voilence



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My question to all Ld. Member and experienced members is:-

 

1.     Do I need to pay the whole amount from the date the application has been filed i.e. from Feb till April 2012. The amount comes up to 1 lakh 30 thousand. In this I have paid only RS. 14,700/- one thousand per month. Now since the children are with me and I am taking care of their schooling medical tuitions clothes stay food and other expenses. Both my son and daughter are going to the best schools (English medium). Please advice me on how can I reduce this lump sum amount. How can I convince the judge. I am a 10 fail person and my wife is studied till 12 class. It is very difficult for me to manage everything due to my education background. Wife is capable to work but she is not working and relying on me. How can I tackle this situation?

AS you have not filed objections to the IA awarded, even if you go to HC under change of circumstances, your appeal will be dismissed as HC will first look into whether you have filed objections, in case where one has not filed objections, HC wont reduce the alimony.  Sad part is you have to pay the balance whatever is due, with interest.

2.     Also the second case that my wife has filed asking for the custody of both children. It has been almost 2 years that children are staying with me. Now I am very much sure the reason for her asking the kids is only money. She has never shown interest in kids before. I have all documents bills receipts that I am taking very good care of children and they are very happy staying with me. Please advice me how I can tackle the case and win the custody of both my children. Currently my son is 6 yrs old and daughter is going to be 5 yrs old. Son has gone to Sr. KG and Daughter has gone to Jr. KG.

 

I heartily request all Ld. and experienced members to help me to fight for my cases and get back what I have lost. I love my children and don't want them to go away from me.

 

Awaiting for your response. 

 

Ajay

Ranee....... (NA)     27 April 2013

he could file objection immediately..but ignored ..that's i told him idle.

Tajobsindia (Senior Partner )     28 April 2013

Yours is a straight forward case.

1. You need to change your advocate first of all.
2. You can file Appeal with condonation delay in Sessions Court.
3. There is patent error in Order of the Court.
4. The Execution cannot be filed in Jan. 2013.
The Law is settled; Execution of S. 125 CrPC award cannot be filed after 1 year. Second you have RCR in your favour so the S. 125 CrPC case also should be dismissed.
5. The custody of children will remain with you, she may get visitation.
6. For a 10th. Class fail spouse your writing skills are better than other common man, hence you have better chance of success in sessions Court.
7. The RCR Execution should have been filed much before. Nevertheless now you are eligible to file a Divorce case.

1 Like

Victim of Domestic Voilence (Service)     28 April 2013

Hello All Ld. Members,

 

I really appreciate your responses.

@ Chandrasekhar sir -

Husband filed only 1 case i.e. RCR which is in favour  of husband.

Wife filed 4 cases.

1st - sons custody which is infavour of husband and case is closed.

2nd - DV - which is in favour of wife and case is closed.

3rd - case is recovery which is still going.

4th - she has filed under sec 21 of dv. I am yet to receive the summons. I guess this case might be for child custody.

 

@ helping hand

I know that it was my mistake tht I did no5 appeal. But are there and chaces where I can tell the judge that I am taking care of both the children so kindly reduce the amount and finilize a amount only to wife?

 

@ Ranee sir

I was been told by my adv tht pay Rs. 1000 per month. If u go for appeal chamces are that the maintainence can be increased also. So I kept quiet.

 

@ TAJOBSINDIA- 

Sir u are right wife filed the recovery case in this year Jan 2013 not 2012. 

My next date is May 3 2013 so regarding the balance amaount what should I tell the judge? From he time of judgement the children r staying with me. So how come I need to pay her 5k as the amount was including children. Can u please help me with some point that can convince the judge what I am makes sence. 

 

Also sir can you please advice 

 

Victim of Domestic Voilence (Service)     28 April 2013

Thank you @ Need Justicefor ur valuable response.

 

Can the Lead members advice me on what basis can I file divorce?

I am a Christian. On what grounds can I get divorce. 

Ugly part is that wife is using ,y money to file cases against me.

 

Please help me to save my children my mom and myself from the clutches of this lady. She is really brain washed by her mom and other family members. 

 

Really appreciate and looking forward for your responses.


(Guest)
Originally posted by : Victim of Domestic Voilence

Hello All Ld. Members,

 

@ helping hand

I know that it was my mistake tht I did no5 appeal. But are there and chaces where I can tell the judge that I am taking care of both the children so kindly reduce the amount and finilize a amount only to wife?

 

Also sir can you please advice 

 

Its open court.  You can weep before the judge to show how much you have hurt, talk emotionally too with regards to how much you care about your children and tell the fact that you are taking care of your kids all of their expenditure.


But technically, you need not pay money to your lovely wife for looking after your kids.  It does not make sense at all.  

At the most in whatever section she might have asked for maintenance, section 125 crpc. section 29, section 18 of DV act blah blah blah, she can be given maintenance only under one section of law and not under multiple sections of laws, provided if she does not have any source of income [property, salary, FD, shares, rent from house/apartment etc].


(Guest)
Originally posted by : Victim of Domestic Voilence



Can the Lead members advice me on what basis can I file divorce?

I am a Christian.

 

Q:  On what grounds can I get divorce. 

Ugly part is that wife is using ,y money to file cases against me.

 

Please help me to save my children my mom and myself from the clutches of this lady. She is really brain washed by her mom and other family members. 

 

Really appreciate and looking forward for your responses.

Ans:  On basis of mental cruetly meted out to you by your lovely wife.


and the story in the divorce petition should go as follows:


 

 

1.  My wife along with 1 yr daughter left me and my son 2 yrs old and went for brothers marriage in July 2010. After that she never came back.

2.  After going in Sept 2010 she filed a case against me that I have kept my son forcefully. But the allegation that were made by my wife that I have kept my son forcefully were rejected by the H'onble JMFC court and granted the custody of the son to the father that is me.

3.  In Aug 2010 I filed for RCR and the H'onble Session Court issued ex-party order in favour of me i.e. Husband as wife never appeared in the case. Judgment was that from Dec 15, 2010  wife should return back to husband house within 15 days i.e. by Dec 30, 2010. She never came back.

4.  After that in Feb. 2011 wife filed DV case against me. While this case was running my (husbands) advocate requested the Judge that the husband is interested to co habilitate with wife. So the court asked the wife if she is will to stay with husband to which she responded that she would like to stay with husband. After that on June 2010 wife returned back to husbands house along with daughter.

5.  Due to her frequently talks with her parents she started to behave abnormally and finally she said that she doesn't want to stay with husband. Also said that she doesn't even want the daughter.

6.  So on Aug 2010 she ran away from the court leaving both the children with me. I told her that I will hand over her to her parents in court. But somehow she managed to escape from the court premises.

 

 

1 Like

Manoj Kumar Jain (abc)     28 April 2013

As per SC judgement in the case of "Rohtas Singh Vs Ramendri", No maintenance from the the date of decree of RCR. Please search on google

Ranee....... (NA)     28 April 2013

Originally posted by : Victim of Domestic Voilence


 

@ Ranee sir

I was been told by my adv tht pay Rs. 1000 per month. If u go for appeal chances are that the maintainence can be increased also. So I kept quiet.

 
 

Change your lawyer!

Victim of Domestic Voilence (Service)     07 May 2013

Hello Ld Member,

 

My court date was on May 3, 2013 Friday. The judge asked me that how much money am I going to pay today. I said Rs. 1000. He asked my wife advocate if they are going to with draw the money. Wife's lawyer started saying that a huge amount is yet to be paid by the respondent husband that comes up to Rs 1,30,000/- He requested the judge to issue a distress warrant. The judge asked me to pay Rs. 1000/- and the nazar and asked my wife's advocate to give an application for issuing of Distress Warrant. After some time wife's advocate gave an application to the judge mentioning that a huge amount is yet to be paid by the respondent husband which is Rs. 1,50,000/- to the applicant wife. So requesting the judge to issue a Distress Warrant in the name of husband. So me and my advocate filed say and told the judge that the husband is taking care of the children (schooling food clothing medical travelling and other stuff). Also the husband is a 10 fail person where as the wife is studied 12th. In good faith the husband has paid every month Rs. 1000 to the wife as maintenance. Wife's advocate started yelling that husband has disobeyed the court order. As per the order it was decided that along with children the husband has to pay to wife and children Rs. 5000 per month and he has to pay this amount from the date of filing of the application. The application was filed on Feb 2011 and the judgment was done on April 2012. So if we calculate the months from Feb 2011 till May 2013 it comes 27 months. So as per the calculation 27 months multiply by 5000 (5000 x 27 = 1,35,000) Rs. 1,35,000 amount has to be paid by the husband to the wife. Out of this the husband has paid only Rs, 17,000/- till date. So he requested the judge to issue Distress warrant. He also mentioned that the husband has forcefully kept the daughter after the judgment. The truth is wife in the year 2011 month August left the house of husband leaving the daughter with husband and ran away from the court premises. After that the husband filed a application in court that the wife ran away from the court premises as the husband had brought her in court to hand over her to her parents in front of the judge, But somehow she managed to slip. The court accepted the application.

 

So wife's advocate started to say that he has filed a another case seeking for the custody of daughter.

 

Hearing all this the judge said that he will decide on this issue on May 30, 2013.

 

My question to all Ld. and experienced members of this group is:

 

1). How can I convince the judge not to issue the distress warrant against husband but dismiss/reject the application filed by wife's advocate.

 

2) I know that a huge amount is pending to pay to wife. So the amount that is pending that is yet to be paid by the husband in that huge amount my children should also get their share. How do I frame my sentences to make the judge get convinced that yes the whole amount is not only for wife but both children also need to have their share.

 

3) Wife's advocate as file another case seeking for the custody of daughter. Daughter is 4 years old. How can I in the first hearing itself convince the judge that the case what my wife has filed is not valid. She has left my daughter in 2011. The husband never forcefully kept the daughter after the judgment which was made on April 2012. As she left the daughter she never in her case that was running (DV case) she never spoke with the judge that the husband has kept the daughter forcefully. So requesting the judge to ask the husband to give back the daughter. She never ever requested the daughter's custody. Also why she is filing the case in 2013 for getting the daughter back. Was she sleeping these years? Also just for you information when the first time she has left me in July 2010 he has filed a false case that I have forcefully taken away the son. She mentioned in her application that the husband ties up the son who was at that time (July 2010) only 2 ½ years old to the bed. He locks the son on room for hours and goes to work. So this application that was filed by wife seeking the custody of son was dismissed by the H’onable JMFC court. Judgment was Misinterpreted the law. Hence the search warrant under Section 97 is cancelled and the application is dismissed and disposed off accordingly. The custody of son will remain with father. Now my son is 5 years old.  

 

The intention of wife is only money. She doesn't have any love & affection for children. Children are only blank cheques for her from where she can get money. If she really loved the children she would have filed the case long back seeking for the custody of daughter.

4) Also how can the husband convince the judge to also see the qualification background of husband and wife. Wife is 12 and husband is 10 fail. So in this case the wife being capable of earning still she is not earning and is looking for money from husband.

 

5) Also from sources I have come to find out that she is working somewhere.  But husband doesn’t have any documented proof. Can you suggest me on how can I get the documented proofs from her employer or any kind of paper where it is mentioned that wife is earning.

 

 

Requesting all Ld. and experienced member to look into my issue and provide me convincing answers which will convince the judge also.

 

Please help a father who loved his children and is working hard for them to make their future bright and successful.

Victim of Domestic Voilence (Service)     07 May 2013

Also Ld. members, Can you please provide me HC or SC citations where it says that if the children are staying with father from long time. The father only gets the custody if children. Looking forward for your valuable responses.

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