Matter of DV case
Raviagarwal
(Querist) 31 July 2011
This query is : Resolved
Respected sir,
I dont know how to continue a query on the same page plz guide.
My son was in professional course and was non working he had to travel and spending time 9 hours and college hours 7 hours so he remain unemployed.
before that he was in job and his wife is the nominee of the bank account which was opened for salary transfer.
but in court application and Affidavit she had mentioned Business, and income 80000/-
interim granted only on application 24000/-
my son submitted his appointment letter of before professional course of salary 15000/- and ID card and result of professional course in trial court but no use she considered the word of wife.
son received degree on 29-july-2010 and recieved court notice on 10-aug-2010. prayed to court to provide him some time so that he can join some job and can keep some lawyer but pray declined. son remain unemployed, fully mentally disturb and detoriated physical strength from 90kg to 57 kg wewe also admitted in the hospital as he lapse on the road.
he is ready to go in jail as he is saying if value of facts and evidences are not there and mere on the words if such a huge interim may grants better to go in jail, atleast he will get some mental peace there as wife is wishing him in jail through wrong words.
wife submitted distress warrant to sell property and recover ate amount of interim maintenance.
son told I will put the flat on her name the only property with us but expedite the matter but her lawyer saaid first clear your arrears and then proceedings.
he stopped going for searching jobs and applying as he set up his mind that no way left except jail then why to spent money for interviews and travelling. he loves his wife a lot but matter is entirely different.
hence this is the actual matter mere on words trial court magistrate grant huge interim and not given importance to facts and evidences submitted.
my son has submitted an application in district court that only evidence left with him to convince that he is unemployed to put him in jail and expedite the matter and completes before he dies due to starvation or mental disturbance.
thanks in advance
Devajyoti Barman
(Expert) 31 July 2011
It appears that the Magistrate has passed an interim order which can be challenged before the sessions court
If you have not done so then do it now with a petition u/s 5 of the Limitations Act.
Thereafter the husband can prove his case in the trial.
