Interm maintainanace


Dear Helpies

My wife put a False Case for Domestic Violence and when we appear on court and court put an Interm Maintainance on me, Because of this case I already resign my Job because every week 2 days Judge make a date and Yesterday he decide Interm Maintainance Rs-9000, My wife is already earning 30,000 salaries as well as she is running an Institute and from Institue also she is getting good amount of money.

Judge told even she is earning 10 lack that doesn't matter, you have to pay maintenance  RS-9000, Initially, it was 6000, when our lawyer told I am not earning anything every time Judge increase Rs-1000.

Judge is taking this case personally that's why he is putting 2 court dates on weekly basis, and every date Judge give me warning for my behaviour even I didn't speak anything in front of Judge and my wife side all persons are shouting in front of Judge, I didn't understand for false case and false allegations without any proof how Judge put Interm as well as everytime give me warning for my behaviour.

Please suggest me how can put my case or shift my case to another court, I didn't understand Judge mentality this week we came on time and my wife didn't come and he also gives me warning you have to come on time and she came 10 minutes late.

Initially First Hudge in favour of me and within 2 weeks he got transferred.

My wife didn't put any police complaint or any domestic violence, no FIR, No woman cell, the Direct court case for Domestic Violence with a simple application. I have little arguments with my Mother in law and within one week they come to my home and take my wife as well as all the Jewellery and other luxury items, No one available at home on that time, I was out of city because of company visit for one week, 

When we go to Inlaws home and they told we will not send our daughter with you because domestic violence happens when i ask who did and they blame on me. Nothing will happen and the second-day police came home and ask me you have to appear in court.

I appoint lawyer and he simply ask the questions to Judge No notice, No summons how direct case will happen and Judge I am the Judge I have to decide, what is right and what is wrong, how can i take action against because Judge is not following the process or rules, when our lawyers shows rule number XXXX and Judge told I am the judge have to decide and I am satisfied without rues and regulations, We provide evidence and Judge told whatver girl told that is truth even you have the proofs.

How can I take actions how to complain against these types of Judges, Judge told I am satisfied with simple Application whatever she told that is truth and whatever we provide evidence that doesn't matter.

What type of Judgement he is providing and every alternative days some persons came to my home and give me the treat if I didn't pay 50 Lacks to Girl then circumstance will more dangerous.

My mind is not working, I need expert suggestions, Kindly suggest me what type of action I have to take.

Regards,

 

 

 

 
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Consultant

Experte will suggest you, kindly wait. Me appreciate the attitude, plz PM me the name of Judge. Thanks
 
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N.A

Don't get tense.If you can prove that she is working then there is nothing to worry.

 

File an  appeal under section 29 of DV Act in session court against the order of interim maintenace. There are many judgements which says "Working women is not entitled for maintenance" Attach some judgements in support of your argument. 

 

After winning the appeal you may file an transfer petition in court of district judge.

 

 
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From your statement it is appearing that the judge was in favour of your wife and might have been bribed to trouble you. Apply to change the judge or transfer the case stating that you have no trust on the judge. Complain about the judge in appropriate forum. they are't above the law. If your lawyer is not active try to have better senior lawyer who can handle this judge

 
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Advocate

DV complaint being decided by magistrate and if the judge not behaving properly, move transfer petition with Session judge to transfer the matter to another court in the same district court. You can even move petition under article 227 the Constitution of India in the high court for taking action against the magistrate for impartial orders being passed by him as well misbehaviour with you and your lawyer. Such judges do misbehave till action taken against them by higher authority and a indian citizen you have right to get proper justice from the Indian courts. No judge is above the law of the country and Constitution of India


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People will suggest go appeal, ask for change of court, that this.

You simply go for settlement, throw money and get rid of the wife.

Like this no case will be over. Advocates will suggest procedure.

Litigants like sachin ramesh sing will suggest some idea which they think might work for you which they could not do it themselves.  They themselves not finished their cases, they are suggesting you who has begun with DV case etc.

Indian court is 99 percent procedural.  1 percent is law for which there is discretionary power given to court, so no matter what you say, court might order anything it wants, and you will be asked to go for appeal.

I am not pessimistic but this is the fate of each litigant like you.  They wont get justice in marital issues from court.

Simply finish off matter by paying her or simply  go to tamil nadu and settle.


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Consultant

Adv. Raj Sir, Do not classified me as Litigant, I'm happy in discharging my professional service. If you have anything to update me, then highly appreciative.
 
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Consultant

In my opinion when Judge behave as posted above, its an presumptions to understand the role and involvement of respondent(s) in domestic life (i.e. Personel responsibility)
 
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N.A

Originally posted by : Adv Raj Malhotra
People will suggest go appeal, ask for change of court, that this.

You simply go for settlement, throw money and get rid of the wife.

Like this no case will be over. Advocates will suggest procedure.

Litigants like sachin ramesh sing will suggest some idea which they think might work for you which they could not do it themselves.  They themselves not finished their cases, they are suggesting you who has begun with DV case etc.

Indian court is 99 percent procedural.  1 percent is law for which there is discretionary power given to court, so no matter what you say, court might order anything it wants, and you will be asked to go for appeal.

I am not pessimistic but this is the fate of each litigant like you.  They wont get justice in marital issues from court.

Simply finish off matter by paying her or simply  go to tamil nadu and settle.

 

I don't reply to jokers


Total likes : 1 times

 
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N.A

Members of Lawyersclubindia to Advocate Raj Malhotra

 

 
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