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ravindra (abg)     29 March 2013

Cross in dv

Hi

On Tuesday it was my cross in DV case. But Judge was vary rude with me and talking like local police. I think i will not get justice in trail court. Judge asked me are u ready to take her back i said let me prove that this is false case then judge shouted on me and said dont oversmart give answer YES or NO. I said i want to prove first this case is false first then he said r u giving me answer or not. Judge also said me ok this is false cases now go and take her back i said sir let me prove first then only i will thik next. Judge was vary angree on me he said r u giving me answer in Yes or NO otherwise i will write in order that accused are not giving correct answers. Then i said I m not ready to take her back. He was vary angree on me at that time.

Now how it will affect me in feauture can any one help me.

On next date My brother and mother cross is there Plz suggest me wht to do?

thanks

Ravindra sonavane



Learning

 9 Replies

Never Give Up (Fighter)     29 March 2013

Ravindra,

 

Thats a problem, as a husband we have to sit duck and generally speak very less when asked by judge. Judge after asking you such questions have judged you that you would not take your wife back irrespective of his judgement so he may write many things which would help your wife and bleed you badly in terms of monetary benefits.

 

You could have calmly said sir she wants to come back only to file more cases and to generate fabricated evidence, you lost trust on her etc etc with very emotional voice. Come on man..if wives can do drama in court why not us , i hope you got my point ;-) .

 

Also you should never ever argue with judge in court, even lawyers dont do it. (Especially in DV where judge has ample power).

 

Do you mind sending me stages which you have gone through to reach your cross via PM ?

Mango (Consultant)     30 March 2013

Ravindra @ My brother, you did the best thing in this world and don't feel sorry about this..... Its just happend with you once... :-) With me, judge kept shouting for more than 2 months but I didn't bend on the alumni part... In my case, judge has to pass the order finally in my favor....

 

When you have not done anything wrong then don't worry about anything else.... Don't worry, judge can't shout on your mother... Judge has to respect the law and right of Indian citizen as well! If he/she does this again then file an RTI on his/her totality about the matrimonial cases and get the case transferred with a fair reason.

 

Just a wise option, do not to argue with judge but don't compromise on your principle as well... If judge ask you to say, Yes or No... say No, Never! and stick with your point... I had real bad time with judge in mediation centre but it hardly matters... You have not murdered someone... So, stop worrying about anything....

 

Fly in the golden colors when you go to court next time... Don't give your opponent a single reason to think that they can win!!!!

 

Mango

shaaref (lawyer)     30 March 2013

if your wife is residing separate since more than 1 year than her complaint is not teneble , hope this point could be helpful to u.

stanley (Freedom)     30 March 2013

Originally posted by : shaaref

if your wife is residing separate since more than 1 year than her complaint is not teneble , hope this point could be helpful to u.

@ Shaaref 

It so happens that when DV is filed they are residing togather than as the case proceeds they start staying seperately in order that a protection order be passed . These are the tactis used now days and your above point is hence not valid . I presume you are referring to Roshni Dalvis judgement . 

ravindra (abg)     30 March 2013

@shaaref

You have any case law for this like u said that after 1 year her complaint not tainable

Want to Live (NA)     30 March 2013

 

 

@stanley- What if wife herself admitted that she is residing away from matrimonial home from more than a year & than file DV. after filling 498A, 125 crpc in the begining.

My wife filed DV after 15 month of sepration, but she has filled 498a & 125 crpc within 2 months after leaving matrimony  

home.

pun (eng)     30 March 2013

Guys,
Here is the judgement.

https://bombayhighcourt.nic.in/generatenew.php?path=./data/criminal/2013/&fname=APL16011070313.pdf&smflag=N

Go and fight your case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 April 2013

Brother,

 

Judges/ Police/ Most influential try to gauge the real intentions of the people by such assertions. However in most cases they are trained to remain aloof while deciding and proceed on merits.

 

As long as you stated what you really wished to achieve, you have nothing to worry.

 

 

Regards,


Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
1 Like

ADV S PATHAK (lawyer)     03 April 2013

my dear get a good lawyer. dv act is quasi criminal. there is no cross in dv. its only summary trial. 


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