Dv order
Guest
(Querist) 23 August 2012
This query is : Resolved
Hello Ld.Experts -
I was out of India for couple of months, during this period my wife filed a DV against me at Judicial FC Court. My child access petition and wife's subsequent divorce petition was going on at family court for last 2 years. Opposite lawyer and my lawyer were meeting in family court for child access petition and I myself attended family court thrice after coming back to India . I and my lawyer were totally unaware about DV case proceedings at Judicial Court. Wife produced ex-parte order in DV case at family court and a copy is given to me last week through family court. The DV order says I was "served the notice", but I was out of country and I did not receive notice from court. The DV order date is 3July. I have to get the certified copies from court to file appeal which will take 10-15 days. In this scenario, how many more days I will get to file appeal in this case? Order says every month maintenance and rent to be paid. From which date maintenance payment schedule starts? Is it mandatory to have my ‘received signature’ acknowledgement or just posted the notice in mail(it might have come and gone back seeing locked door) is sufficient to mention "notice was served" in order? Can my wife initiate any police action/arrest using this order against me without any further notice ( for execution of the order)? My wife will base their family court further arguments on this order, will an appeal on this order can be used to counter those arguments in family court? What impacts will be there on family court decisions with this order?
Sorry I have many questions...
thanks
robo
ajay sethi
(Expert) 23 August 2012
contact a local lawyer . order must be mentioning case number . take search of court records . since order mentions served with notice a search would reveal mode of service .
from date of receipt of order you can file appeal before sessions court within period of 30 days under section 29 of Dv act
