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DV

(Querist) 11 September 2009 This query is : Resolved 
Respected sir,
I have received a summon on 21-3-2008 to present in the court on 24-3-2008 as my wife filed a complaint against me in DV.
I attended the court on 24-3-2008 and taken the copy of the complaint and NDOH fixed on 27-3-2008. On 27-3-2008, hon’ble court heard both the parties and told me to pay Rs. 1600/-PM , the fee and other charges of my child. I agreed to this and prayed the hon’ble court that I may please be permitted to meet my child on a least every hearing. Hon’ble court agreed for this and pass an order that child is to be brought on NDOH and I have to pay Rs. 20000/- as lump sum fess up to Mar/08
As my wife told that she took loan of Rs. 25ooo/- and NDOH fixed on 27-3-2008. On 27-3-2008, I made the payment and child was brought in court. And they gave one more receipt of payment of Rs. 6000/- (fees + admission fee up to jun/08). I prayed that at present I am not in position to pay this amount and I may kindly be given at least two months for this. Hon’ble court agreed and NDOH fixed on 7/6/2008.s. 6000/- was paid and child was brought on that day. Next date of hearing fixed on 26/07/2008. Before the date of hearing, on 12-07-2008, my wife misused the add on card of ABN AMER BANK and made a purchase of Rs.. 14000/- in an hour from a MALL .Next day morning when I came to know about this from banker, I got shocked to know about this and disagree for the purchase made by me. I tried my best to find out the accused . On next day 13-7-2008, I got the add on card blocked by my banker. As my wife was not knowing this, and still she want to harass me.
She again tried to use that card , but after the purchase , she came to know that card has got blocked then she used the other add on card. On 26-07-2008, I prayed the hon’ble court with an application that my wife has done the forgery by forgery signature . The hon’bl;e court got anger on her and told her to stop this type of act of offences. As she admitted the act of offence and also admitted to make the payment before its due date. I too prayed that maintenance to be fixed PM as I am not able to pay the lump sum amount . so Rs. 1600/- PM was fixed. Hon’blae court agreed for this too.NDOH fixed on 13-9-2008. But due to heavy load of work the court did not take any order. Same matter is repeated in the order. On `13-9-2008
She did not turn up and her counsel asked for time. In between I prayed the hon’ble court that she has not complied the order given by the court and hon’ble court told me that need not to worry this amount they have to pay as they admitted too. Then I told honble court that day by day the amount is increasing because of fine over that. Then they told you stop paying the maintenance till that amount is paid . Since then she has not turned up to attend the course more than a year past. As now the hon’ble judge gtot tr5ansferred to other wing in the same court on promotion from ACJM to ASJ. Now she is asking for the arrears without considering that amount which she admitted to pay. Now kindly give me your valuable advice, so that verb order can be converted to written. Otherwise I have to pay for that which I am not in position to pay in fact. Will RTI helps me in this regards’ Kindly treat most urgent and accord the priority.

With kind regards.
riven
Raj Kumar Makkad (Expert) 11 September 2009
I have full sympathy with you but sorry nothing can be done in your case because you failed to get the assurance of your wife to repay the amount withdrawn by her from your bank in writing either by way of statement or at least in the order-sheet.riven
Bhumik Dave (Expert) 13 September 2009
Agreed with Mr. Rajkumar.Also U can't use R'T. I. In judiciaryriven


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