Sangeetha Iyer (nil) 19 January 2017

Dv

I filed a DV case in 2013 feb. I started getting IM of Rs.5,000/-from sep 2015. My husband and I were in touch. Till now he has paid only the school fees. I am staying in separate accommodation. He visits me and my daughter during weekends. Argument was over by October. But the judge has been postponing the final judgment for the past 3 months. Now he has given the date on 24th Jan. In between, myself and my husband exchanged some msgs for which he got irritated and has applied for recalling the case on 11th of Jan. Same date has been given by the judge and we are going to file an objection.

In 2013 it was posted for mediation and on the day when we were to sign the agreement my husband did not turn up. Similarly, in 2014 I was ready to withdraw the case by signing a join memo, again he was not present on that day. So in the objection, if we mention all these factors showcasing his intentions to deliberately drag on the case and avoid giving maintenance, will the court take these into consideration and will reject his application for recalling the case?

Please clarify.

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Originally posted by : Sangeetha Iyer
	I filed a DV case in 2013 feb. I started getting IM of Rs.5,000/-from sep 2015. My husband and I were in touch. Till now he has paid only the school fees. I am staying in separate accommodation. He visits me and my daughter during weekends. Argument was over by October. But the judge has been postponing the final judgment for the past 3 months. Now he has given the date on 24th Jan. In between, myself and my husband exchanged some msgs for which he got irritated and has applied for recalling the case on 11th of Jan. Same date has been given by the judge and we are going to file an objection. In 2013 it was posted for mediation and on the day when we were to sign the agreement my husband did not turn up. Similarly, in 2014 I was ready to withdraw the case by signing a join memo, again he was not present on that day. So in the objection, if we mention all these factors showcasing his intentions to deliberately drag on the case and avoid giving maintenance, will the court take these into consideration and will reject his application for recalling the case? Please clarify.

Hello Sangeetha.

You have come seeking second opinion. But you have not stated what is the opinion of your counsel. IF you state what your counsel has suggested you, I can tell whether it is correct or wrong and if it is wrong suggest you right path. So please come out with what your counsel has suggested.