Regarding dv
Ritu
(Querist) 14 September 2016
This query is : Resolved
Hi sir there is going a case of dv and maintenance. 2 and half is passed but I haven't get any interim relief . I find myself in trouble . I have 2 daughter of age 5 and 6. From court I don't get even a single amount . My in-laws tell me court se le Lo Jo Lena hai. From last year's aise hi chal Raha hai. My lawyer also do nothing.suggest me..
Ms.Usha Kapoor
(Expert) 14 September 2016
dv aCT IS IN FACVOUR OF HARASSED WOMEN WHO ARE SUBJECTED TO DOMESTIC VIOLENCE AS A RESULT OF DAILY BEATING AND OBSCENE WORDS BY HUSBAND RESPONDENT. LET HER APPROACH A PROTECTION OFFICER AND REQUEST HIM TO REGISTER HE COMPLAINT AND AFTER PRELIMINARY INQUIRY LET HER(PO) FILE A DOMESTIC INCIDENT REPORT, WHICH REPORT SHE WOULD FILE BEFORE THE CONCERNED metropolitan magistrate magistrate/judicial magistrate FIRST CLASS AS PER THE CITY WHERE SHE LIVES.Certainly YOU'D GET PROTECTION ORDERS, medical EXPENSES FOR INJURIES, RESIDENTIAL ORDERS, INTERIM MAINTENANCE, RETURN OF STRIDHAN,DOWRY AND IF NECESSARY ORDER YOUR ESTRANGED HUSBAND TO LEAVE THE HOUSE AND STAY SEPARATELY OR PUT HIM IN jail DURING dv PROCEEDINGS, HEFTY COMPENSATION,LEGAL EXPENSES, CUSTODY OF YOUR CHILDREN AND SEPARATE MAINTENANCE TO THEM BY YOUR ESTRANGED HUSBAD.
Devajyoti Barman
(Expert) 14 September 2016
The interim maintenance petition is generally hears within 6 months from the date of filing. So 2 and more years in your case is certainly unusual in your case.
Engage another lawyer to know the reason and file revisional application in high court for expeditious hearing of the DV case.
Raj Kumar Makkad
(Expert) 14 September 2016
It seems there is some flaw in your case otherwise it is against the general application of law vide which the interim maintenance is allowed within a very short period of 6 months.
It shal be better to seek second opinion on the basis of documents of your case especially the contents of the order-sheet of the court and pleadings of the parties qua the application seeking interim maintenance.
adv.bharat @ PUNE
(Expert) 14 September 2016
Ritu ji change lawyer and filed revisional application in HC for early hearing of case.
Rajendra K Goyal
(Expert) 14 September 2016
Show all documents to another lawyer / change your lawyer.
Dr J C Vashista
(Expert) 18 September 2016
Unbelievable statement of the author that interim application of maintenance has not been decided.
If so, move to High Court u/a 227 of the Constitution with date-wise proceedings for issuance of mandate to the trial court for time bound decision.
It would be better if you change your counsel, prima facie present lawyer is lethargic or unable to put forth your case effectively.
Guest
(Expert) 18 September 2016
There should not be any difficulty in getting order on interim maintenance. Is your lawyer honest and sincere. If not, change him without delay.
