Advice for written argument in d.v. case
KIRAN
(Querist) 25 August 2014
This query is : Resolved
Respected sir/ madam ,
1) i m a Govt. servent.My wife is housewife
2)we married in may 2001.we have 2 kids, one girl 11 yrs& one boy of 8 yrs.
3)I have 4 married sisters & father staying at native place alone (not with me)
4)I m well setteled& haviny own flat at kalyan.We were happy in our married life.
5)my wife is short tempered & high B.P. patient ( I had psychotric Dr prescriptions). there was interference of her relatives in our life.Hence dispute is arrised after 11 yr peace life.
6)In December 2011, my wife had stolen all my original land, flat agreements, ATM Cards cheque books ,cash, gold etc.(afterwards some i found it).I have made complaint to police station about this.
8) On that day,she called her parents & relatives to my house from their native place.They came to my house & They were shouting in my house & insulted me infront of neighbours till mid night.
9)My wife(with my kids)left my house her own willingly alongwith her parents&relatives on 31/12/2011.After 3-4 days i have made complaint to police station about this.
10)Immdly. after 15 days she filed false D.V case in court against me,my aged father & 4 married sisters on 15/01/2012 without any discussion with us.
11)We had submitted our says in court.Magistrate had conducted counceiling 3-4 times but failed.
12)Then my wife moved application to Mahila Sahayya kendra.
13)After compromised through mahila kendra,I brought my wife & kids to my house
on 24/01/2013 for bright future of my kids.
14)We started our married life again.All were happy but there was interference of her relatives.
15)Even after 4 months passed she was not ready to withdraw DV case & wanted to keep pressure on me by giving threntening of police station & court to me.
16)Magistrate had also suggested her to withdraw case but she refused.Then Magistrate had given option to withdraw case&live with husband or stay at her parent & proceed the case in court.
17)From that day (24/05/2013),she & kids are at her parents house & d.v case in proceeding.
18)In July 2013, she filed false 498A FIR against me & all same my family members Reg. demand of 5 lacs .
19)All we got A.Bell & chargeshit is filed
20)We filed petition for quashing FIR & chargeshit in H C. The same FIr is quashed by H/C in favour of all other 6 fmly members except me.I have to face the trial.
21)Meanwhile Interim Mntc. is passed for Rs 3000/-pm to my wife & kids against her demand of Rs 25k.PM.I had paid mntc amt regularly from 10 months.
My Gross salary is 70k & Net payable amt is 20k (after all loan&other deductions).
22) she had made appeal to SC against this mntc order.I received summons .
23)Meanwhile my wife had issued false Public notice in N/P that I ignored them as nominees & selling my properties.
24)Now D V case is for Evidence & our cross examination is over.
25)She had produced my salary certificate & property related documents to show my more income.
26)She has not produce any documentary proofs or witness reg. her complaints.
27)Now,I have submitted Affidavit with police complaints& 498A quashed orderof H/C. ( I have more docu. proofs such as psycatric Dr. Prescriptions for 6 months, school fee receipts, kids school absentee applications,picnic & birthday photos etc.)
28) Now my cross is also over & final Argument is to be held on next date.
Sir,kindly advice the following.
i)should i submit written Arguments alongwith above leftout documents?
ii)kindly provide me latest related Judgement/ Citation reg. No relief / mntce to wife & kids if D.V. is not proved by wife.( I m ready to take custody of my kids).
iii)Any valuable advice to make strong Arguments to dismiss her D.V.application.
Thanking you in advance
Regards.
ROHIT SHARMA
(Expert) 25 August 2014
Dear Mr. Kiran,
1. Going by the facts that you have cited i think her D.V. case will not survive.
2. Yes, you have the liberty for oral arguments and at that time you can produce the remaining evidences also.
3. After the oral arguments are concluded then at that time your advocate can file a I.A. application u/s 232 of Cr.p.C. seeking acquittal if the case is tried by Sessions Judge or u/s 248 Cr.P.C. if the case is tried before J.M.F.C.
4. Under criminal procedure oral arguments are usually permitted but no written arguments are permitted except by the permission of the court.
5. Well, if your advocate is of the opinion that written argument can be furnished then he should be better informed than me.
6. If the D.V. case is disproved or not proved then the maintenance order also likewise lapses.
7. If you feel the necessity to discuss the case merits and like to inquire as how far the case would be summarized by the court you can get my contact details by clicking my name (expert) shown in the L.H.S margin of this reply format.
Devajyoti Barman
(Expert) 26 August 2014
Written argument can be submitted indeed but only after closure of evidence only not suring evidence stage.
If you have good case then nothing to worry.
R.K Nanda
(Expert) 26 August 2014
consult
local lawyer.
Rajendra K Goyal
(Expert) 26 August 2014
Left out documents should be submitted at evidence stage.
Written arguments should be given at final stage.
Citation not provided in this section.
Consult your lawyer and act accordingly.
malipeddi jaggarao
(Expert) 26 August 2014
I agree with the advice of expert Shri Barman.
You can search for citations. we do not provide citations. Your advocate will help you in this regard.
ajay sethi
(Expert) 26 August 2014
agree with Mr barman
Dr J C Vashista
(Expert) 26 August 2014
Too long query, consult your lawyer
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
Agreed with the experts opinion. Written argument can be submitted but only after closing the evidences of both the sides and when the case is posted for arguments.
