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Domestic violence act/ 125 crpc

(Querist) 25 October 2009 This query is : Resolved 
Respected members
My application/Case under DV Act is pending in court since one year back and presently fixed for 20-02-2010 for reply of the respondents .My client was got married only one and half year back and her only daughter is also in the custody of respondents i.e. her husband and in laws,my client was kicked out from her matrimonial house in connection of demand of more dowry,I filed applicant/complaint underprotection of women from domestic violense act in which i have claimed custody of daughter and interim maintanence including other reliefs but unfortunately case is at initial stage and now fixed for 20 feb 2010,my client is hand to mouth,she is also worried and in tension of her only breast feeding daughter,i cannot move any application for early hearing bcoz magistrate view is against such type of application.What i can do for my client in such situation,further can i move a separate application under section 125 crpc.How i can speed up the proceedings bcoz court is giving on every hearing next date,rather doing some fruitful exercise/proceedings. .Kindly advice me.Thanx n Regards
Khaleel Ahmed (Expert) 25 October 2009
Yes you can file separate application U/S125 Cr Pc for maintenance .
adv. rajeev ( rajoo ) (Expert) 25 October 2009
The Learned member Sri Khaleel is advised to file a cri., misc., case u/s 125 of cr.p.c. I agree with him.
adv. rajeev ( rajoo ) (Expert) 25 October 2009
U can also file a suit for maintenance.
Adv Archana Deshmukh (Expert) 25 October 2009
As suggested by khaleel sir, You can file an application u/s. 125 cr.p.c for maintainance.
Jithendra.H.J (Expert) 25 October 2009
Rajeev and khaleel both are right, you can follow both the advices
Sachin Bhatia (Expert) 25 October 2009
You can file separate application U/S 125 Cr Pc for maintenance .
A.P.Manoranjan (Expert) 25 October 2009
Please file a petition u/s 24 of HMAct 1955.Maintenance pendente lite and expenses of proceedings.
vinod bansal (Querist) 25 October 2009
Thanx to all respected members for valueable advice,Regards
vinod bansal (Querist) 26 October 2009
Sir
How and under which provision i can file revision before sessions judge bcoz my DV Case is presently fixed for our ex party evidence bcoz after summoning respondents absented on last date and court fixed the case for applicant ex party evidence,even respondents has not filed reply in this case so far.Thanx & Regards
Raj Kumar Makkad (Expert) 26 October 2009
I agree with prabhakar.


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