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Domestic violence

(Querist) 05 March 2015 This query is : Resolved 
Dear Experts,

I need your valuable advice for domestic violence. Kindly read about my case and advice for same.

My wife filed 498a in 2012 + 125.
She got hostile in March 2014 whereas she withdrawn 125 too. and we me and my family got released by this 498a case.

Now she filed Domestic violence in Aug 2014. and she is using same allegations (498a) which were earlier settled.

(In current case again she is using same previous allegations as earlier so can you please help me and advice what steps should i follow.

(There is no current date or incident / any other allegations. Same date same allegations of 2012 498a)

Please advise me how I will get relief in this case. On same allegations how can she file case ?

In my point of view -If she is not staying with me and looking for maintenance. Then she should file 125 not DV. DV is not maintainable.

Thanks with Regards
Amit
Devajyoti Barman (Expert) 05 March 2015
regular professional query.
Dr J C Vashista (Expert) 06 March 2015
@ Amit,
What do you expect from the experts on this platform?
Amit (Querist) 06 March 2015
Mr Devayoti,

I have been trying to do fight with legal terrorism since Mar 2012. You dont know anything about me
If you cant help then pls do not demotivate with this kind of reply
Amit (Querist) 06 March 2015
Respected DR J C Vashista,

I am trying to get legal remedy. Please advise me how can I challenge or get relief. Pls show me way for same.
* what should I say in court * what to do *

I am thinking to fight DV without advocate in court but I don't have good knowledge so ...I request to you please help me.

Advise me some section ..if they can work.



Thanks & Regards
Amit
alexander (Expert) 06 March 2015
I think that your outburst against one of our most respected and qualified legal expert Shri Barman ji is totally unwarranted. He has been rendering yeoman's service to this site gratis

How can anyone give any one any advice when the facts have not been made known.

For example:

(a) What were the reasons / issues for filing the Initial plaints

(b) What were the reasons for withdrawing both the initial plaints

(c) What are the reasons /issues for filing a fresh plaint based on the earlier causes of action

In such a scenario perhaps it would be best to engage a local Advocate who could advise you and pursue your case


Alexander
nom de plume

(c)
ajay sethi (Expert) 06 March 2015
Mr Barman is senior expert from LCI . dont make any allegations against any expert on this site .

you have to fight Dv case filed by wife on merits
Guest (Expert) 06 March 2015
Only restraint on your part can attract sympathy and help from the experts, not the pungent or bitter remarks against any of the members.

The very basic information wanting in your description is whether you want to fight your own case or has already hired a lawyer. If hired, you have to mention what are his views on the issue?
Amit (Querist) 06 March 2015
Dear All,

I do agree with you ...can you pls help me to understand meaning of - regular professional query ?
Rajendra K Goyal (Expert) 06 March 2015
The comments from author on respected and providing lot of his valuable time for solving the problems on this site are totally unwarranted. Not appreciated.

All the documents need to be referred. Consult local lawyer and show him all the documents.
Amit (Querist) 06 March 2015
Mr Dhingra , Mr Sethi , Mr Alexander you peoples are very nice at least your are trying to know some information about my case.....

Mr Dhingra I have hired advocate for my case but I am not satisfied with her. I am looking for help. You know all five fingers are not same..so expert advice is mandatory.

In my view I should challenge same session or high court .....pls advise
Amit (Querist) 06 March 2015
Thanks for your valuable time and nice help. Great unity ..... I got great exp here.....sorry I mean professional answers

again thanks.. tc all
Dr J C Vashista (Expert) 06 March 2015
Any such unwarranted remarks, as used by you against any of the experts, cannot be digested and I strongly condemn your behaviour towards >r. Devajyoti Barman.
You shall have to appreciate the valuable time and efforts involved in providing FREE social service by the experts.
"What should I say in the court?" it is such a subject which cannot be explained in simple terms since it depends upon number of factors and circumstances which cannot be predicted and it is only and only a professional "advocate" can handle.
"What to do?"is another similar situation.
If you want to proceed in person it is all up to you, we can not help through out. Whatsoever, it is in your own interest to engage another prudent local lawyer if you are dissatisfied with present one.
Amit (Querist) 06 March 2015
Thanks you very much Mr Vashista
Amit (Querist) 06 March 2015
Mr Dhingra , Mr Sethi , Mr Alexander, Mr Goyal thanks for your help.

SPL thanks to Mr Dhingra ..
T. Kalaiselvan, Advocate Online (Expert) 08 March 2015
Mr. Amit, you should understand one thing that experts in this portal are doing great voluntary service in giving their valuable advises and opinions as well as suggestions at free of cost and not only that , they sacrifice their valuable time, energy and money (by way of electricity charges, internet charges etc). The sole purpose is to help the people in need and distress who cannot afford to get proper legal assistance and also it enriches the knowledge of many including the legal professionals too. One such great expert is respected senior advocate Mr. Devajyoti Barman. He often rightly identifies the authors/querist who intend to update their academic knowledge or fulfill the professional requirements who do not deserve free advises here. the way you posted your query in the first post of this thread appeared very vague, devoid of facts and genuineness, so naturally it appeared to be a regular professional query. Instead of being polite with his remarks and explain your situation, your sarcastic and outburst against him is not at all appreciable. Please realise your position and try to be polite with the people who voluntarily help you without any expectation from you.


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