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Dv case trial court and session court

Querist : Anonymous (Querist) 24 September 2011 This query is : Resolved 
Dear sir,

we belong to typical middle class family.

my son married with a girl with consent of parents but parents of girl used the relation for trapping my son for money.

his wife has filled a Dv case in trial court but my son was unemployed since -2009. his economic condition turned from good to worst.

in such asituation trial court magistrate suggested him as he can submit in person application, he was a clerk.

later it was not decided by the magistrate whether the wife was aggreived or prima facie in trial court and directly issued interim order without any evidence support of the wife lawyer.

finally when he approached to us we appointed alawyer but it was too late for us to understand the matter.

our lawyer is telling it shall first be decided whether she is aggreived and prima facie then only interim order can be issued.

our lawyer has filled an appeal in the session court challenging the order as son is unemployed and highly mentally disturb since the birth of his child.

my respective query

is it possible to reveal fact that wife of my son is neither aggreived nor a
prima facie and no kind of domestic violence has done and not even possible for her ?

matter is pending in session court,

if possible to reveal the facts through documents in session court that neither any kind of Domestic violence had done not possible also, she is neither aggreived nor aprima facie.

I am asking this query because our lawyer is putting pressure on the passed order for interim maintenance.

we have no idea whether it can again be considered either in trial court or in session court to reveal facts for the safety and life?

if possible we can try to convince our lawyer for considering the matter of Aggreived and prima facie consideration using ignorance word for reconsideration.

unnecessary spoilage of life can be avoided if court can provide one opportnity to reveal facts, that is if possible, otherwise case is pressent.

evidences we have
1) she herself left home at her own wish
2) she denied any relation with husband residential home.
3) she threatened husband by the name of police if he ever tried to contact her she will sent him to jail. cancelled relation by herself.

husband sent notice for divorce

she filled case of Domestic violence by changing the jurisdiction and on specific date. date important for the job purpose of husband. hence he remained unemployed.

all the above mentioned words having evidence in documents.

her family had already collected 8lakhs rupees from my son. he is entirely bankrupt and are living on streets without job.

thank you in advance
Devajyoti Barman (Expert) 24 September 2011
When a case is filed and already pending then you have no option but to make either an out of court settlement or to fight the case tooth and nail.
ajay sethi (Expert) 24 September 2011
you have made a staement that 8 lakhs has been collected from your son . howwas the payment made ? when was it made? was the attention of court drawn to the aforesaid fact .

merely because your son is unemployed dosent absolve him from duty of maintainin his wife . he is liable to pay maintenance to his wife .

your son should have filed application for restiution of conjugal rights against his wife . how long have they been staying separate . ?
Shonee Kapoor (Expert) 24 September 2011
Dear Sir,

The evidences which you have can be used only in defence and not for quashing the case or anything like it.

If divorce petition was presented first, then her DV can be assumed as counterblast.

I don't Agree with Ld. Mr. Sethi, as per Delhi HC, an unemployed man can not be forced to pay maintenance, hence in Delhi this judgement is binding on all trial courts.

However, in other states, what Mr. Sethi has stated, holds true.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad (Expert) 24 September 2011
I completely agree with Mr. Shonee.


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