Soma (ta) 10 September 2012

Need help

Hi,

There is khorposh case under section crr 125 against my brother.My sister-in-law had filled this case in lower court but we had moved this case to high court.In high court some proceeding took place because when checked for status in high court sight it was showing that the case was under motion.But I think now no proceeding is taking place as high court site is not showing any update.In the mean time there was a date given to us by lower court which is 22nd of august 2012 which was teh first date to appear in lower court.But our high court lower told that there is no need of appearing in teh lower court.But our lower court lawyer is telling that it was necessary to appear on that date and lower court can issue some experti order.We are really confused.Please help.

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4 Replies

Sanjeev (Lawyer) 10 September 2012

Unless the High Court has stayed the proceedings of the lower court the lower court would proceed and in that case you are bound to attend the proceedings and in case you miss the same you can expect a exparty order on subsequesnt dates.

So first thing is to check if there is some order by High court to stay lower court proceedings if yes have you filed a certified copy of the order with lower court. If No then your lower court lawyer is Right.

(Guest)

Dear Friend

You have to check what order passed HC. It may possible your file return to lower court due to after any order. So first check details.

Soma (ta) 10 September 2012

Can you pls. explain the meaning of exparty order. If an exparty order is issued what are the consequences.

debashish chatterjee (ssk) 11 September 2012

I was just cunningly trapped in a marriage in which the girl is mentally not sound and behaves like a girl of age 10 yrs, ill educated and is totally mother guided. After marriage when I objected about, they just made silly excuses saying that their neighbour has done some magic sort of thing on her. I strongly protested this and in defence they threatened us to put me and my family behind the bars. We got afraid and kept silent. My wife irregularily kept on going to her father's house and lived there without telling us.

Likewise, this happened many time and finally I had to approach to the Family counseling Centre, where they were called upon. They came along with an Advocate and took time for a month and just gave a U turn to the matter saying that we have tortured her for bringing gifts from her house. Here they also threatened me to withdraw the application or they will devoid me of my job by making us alleged in dowry case.

There they lingered the counseling for four months and during this they also accepted her mental treatment. They totally drived the matter in an another way of dowry case. Finally I decided to quit this marriage suit.

After a month they lodged and FIR of dowry of 3 lakhs Rs for purchasing of a Car. Anyhow we got an anticipatory bail. Then after one month they again cunningly trapped us in three cases i.e 498a followed by crpc 125 and also they have filed sec 9. I am paying Rs 2500/- per month. Now they are lingering the case from complete two years and harassing. None of the cases are ending.

Please help me.