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Pwdv2005

(Querist) 11 June 2014 This query is : Resolved 
sir as i told earlier i filed pwdv 2005 on my husband ...many dates passed but he not filed reply yet.
my lawyer gave reply for his application.next date is on 1 july.
judge giving dates after every two or three days..
but my husband not giving reply.

recently he said to my lawyer that he is now ready to take his daughter back and ready to give 5 lakh rs..
before filing case he was not even ready to accept his daughter and even not ready to give any money and my certificates and gold ,things etc
now he is ready for daughter and giving offers of money.
not filing reply only passing time

my ques why he is ready now ?
or why he is afraid of filing reply..
plz suggest on the situation ...also tell what should i do
i dont want any money just want my reputation back...and my right after mrg in his house ......
Devajyoti Barman (Expert) 11 June 2014
We are no god to know what is passing in his mind.

If you are ready for compromise then do it , else ask your lawyer to fix next date for ex parte hearing.
In DV case court generally does not grant more than 2-3 dates to file reply by husband.
Raj Kumar Makkad (Expert) 11 June 2014
Post your subsequent query in the same thread.
Rajendra K Goyal (Expert) 12 June 2014
my ques why he is ready now ?

- Exactly god knows. May be to avoid litigation and resettle his life again at an early date.

or why he is afraid of filing reply..

- May be a strategy to prolong the litigation just to bring you on negotiation table, or may not be in a position to reply on solid grounds.

plz suggest on the situation ...also tell what should i do

- You are to decide in consultation with your parents and well wishers. may accept if the proposal found appealing.

i dont want any money just want my reputation back...and my right after mrg in his house ......

- Litigation is always time and cost consuming, it may not fetch desired results as and when hoped. Amicable solution is better if you want to settle again in life with some one other than the present.
Sankaranarayanan (Expert) 12 June 2014
Post in the same thread will easy for experts to give suggestion. Discuss with your lawyer and act accordingly
house wife... (Querist) 12 June 2014
respected members LCI
recently i filed dv on my husband..i came from my husband's home on 27 jan 2013.i filed domestic violance on 10 feb 2014.
after 27 jan 2013 ...in 10 april 2013 i put complaint to ssp patiala which was forwarded to sanjh kendra patiala..we had councelling in that kendra bt my husband not ready to take me and my little daughter to his house back...6 months after that in august 2013 husband said u get ur complait back i will then compromise...i take my complaint back but he not take us back
now on 10 feb 2014 i filed dv case on him...but on date he give complaint in court that my dv is not maintainable coz it is filed after one yr of saperation...
ques 1 - my case is maintainable or not??
ques 2 - what should i do in this regard??
he gave case judgement of 2011 i think indergrewal case referance....
what should i do now??
plz
ur valuable suggetions are needed my next date is 29 may 2014.....
house wife... (Querist) 12 June 2014
above is my subsequent query....
thanks for suggetions
V R SHROFF (Expert) 12 June 2014
Ques 1 - my case is maintainable or not??

Ans: Maintainable
ques 2 - what should i do in this regard??
Fight in court.
ajay sethi (Expert) 12 June 2014
it is maintanabale even after 1 year of separation . figt case on merits
M V Gupta (Expert) 12 June 2014
Have u not engaged any advocate to file case under the DV Act? If no engage an advocate. If u are not in a position to engage an advocate, approach the legal aid authority which is Govt body and they will provide an Advocate to help u.
Raj Kumar Makkad (Expert) 12 June 2014
I also do agree with the experts on your subsequent query.
Nadeem Qureshi (Expert) 13 June 2014
Dear Querist
If the domestic violence has committed within one year then the case is maintainable. Otherwise not.
T. Kalaiselvan, Advocate (Expert) 14 June 2014
Since you have already filed the case before the court you may have to wait and bear with the court for the delays or any other issue. as advised by experts, you can fight the case on merits.


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