INDIAN LADY
16 August 2015 at 22:32
Respected Experts.....In my case of 125 I got relife of rs 6000 interim from the court by saying that my husband is earning 40K per month but court assumed that he must be earning 20K ( A rent agreement is with college where he is paying 5K rent for the shop is also submitted in the court to prove his income) and my husband gone for the revision with reason that his shop is in a college and a FIR for 498a is regisred against him and due to his shop is closed due to college officials has cancelled his contract...but i got the written proof fro college head that still he running his shop and due to this his petition is dimissed in session court. After that a written evidence is submitted in the court and now case is in the status of cross examination. Now I met to other advocate to take some advise on cross examination and he checked my file and told that a FIR copy and certificate of running shop from college is also need to be submitted again to prove that what so ever we have elegated police found it correct . Shop running certificate from college is need to be resubmitted along with Evidence.....he told that what so ever u have submitted that was only for interim and for final maintenance we need to re submit the above said documents to strong the case... in case of failure maintenace can be stopped...Now my query is ...is it true what so ever new advocate is telling and if yes than how we can correct the things in the court....now next hearing is on 18August for Cross examination....he was also saying that after cross examination we will not be allowed to submit the said documents... kindly help
INDIAN LADY
30 March 2015 at 07:49
Respected Experts...In 2012 I filed a 125 case against my husband by alaging against my in laws for beating and and demand of dowry. I was 6 months pregnent so could not file the criminal complaint in Police. My husband filed the HMA13 and later it dismissed with reason of DID. I gave the criminal complaint in Commissioner office in 2013 and we were called to commissioner office and enquiry was going on there. I gave the complaint against my husband ,his mother , his married sister and two his aunts who all are living in same mohalla. They were called to police station for enquiry but they were not coming...number of times we were given the time but in opposit nobody was coming there with plea that court cases are going on in the court. Finally one day my husband came alone with his advocate in the commissioner office and he refused to take me back and his statement get recorded...later we come to know that FIR is registered against my husband only and IO remarked that no guility is found against other accused. They have never join the enquiry and how they are found non - guility...my husband given the verbal statement and later we found that typed statement of all accused are there in the file ...go this I suspact that all this acts are done by other mean....now my witness is there in the court in this month and my advocate said that we will file the 319 request to includ other accused also in this state case... Now my query is if again this court not order to include other accused in this case....can I move to High court to do so ?? What are the chances at high court to add the names in FIR ??? Or what else I can do to get them punished for spoiling my life... have two male kids...one kept by my husband forcefully .....in second time I was pregnant and they kicked me out from home and he born at my parents house...we send them the message abt birth of second male child but they never turned up.....During my stay in my inlaws my parents gave huge amt on demand for which they have two bank enteries too....as payment was droped in his bank by cheque nad cash and payin slip is with us....seeking ur valuable advise in all this circumstances
INDIAN LADY
06 December 2014 at 23:05
Respected Experts....I my case of 125 Rs 6000 interim is given to me and my 2 year son in Dec 13 and revision petition of my husband is dismissed by court. I filed Execution of Rs 85000. Till yesterday I got Rs 27000/- . In last hearing court directed to my husband to give substantial paymemt to proceed the case further and in case of non payment he will be sent to the jail. In yestetday hearing first time my mother in law came to the court along my husband and showed a polythene bag to judge that she is very is very ill and they are unable to make the maintenance . She told that he got the imformation from frnds of my husband that my husband is going to commit suiside. She told in very dramatic way that shop of her son will be closed due to holiday in college and they are earning very hard so unable to pay the maintenance to me. She said that we are collecting the amt every month and me is taking that amt very easily. On this wordings judge reacted and said this maintenance is allowed by court not by her self. Then judge asked to my husband that is he willing to live together with me and my husband replied NO ..as he is sent to jail in 498a . Then judge asked me then my brother said if they are r ready to keep me hapily then YES. She cry infront of judge that they want to get rid of me. Then judge asked us r we ready for the lump sum amt to give the divorce and we denied as my elder son is with my husband. At last judge asked my husband to give maintenace amt which he gave to court and court has given to me. Now my query is
1) She has given a suiside threat to court indirectly ....is there no action by court. Can we give any application to session or high court that she has given this type of suiside threat in court to take legal action against both of them . 2) She has made such a dramatic scene to escape from to give maintenance. ..us there any possibility that judge will reduce the maintenance and what action We should take to aviod this.
3) Is there any effect on the case as if my MIL will come again and do thus type of drama again.
Pls do the help. Thanks
INDIAN LADY
18 November 2014 at 22:11
In my application of 125 iterim reliefe is given by court in Dec 2013. My husband filed revision in Feb or March which is dismissed and in same month I filed execution of 15 months ( from start of case to Order day of the case I.e 6 Dec 2013) Rs 90000. My husband has hardly paid Rs 27000 . Now again Dec 14 is coming so one year is going to pass from the date of order. Now my query is if I will not file further execution from 7 Dec 2013 to till date then Can I file the execution later as my husband has not paid previous dues. What will be the harm if I will not file further execution now ?
INDIAN LADY
01 November 2014 at 19:31
Respected Experts ,, I have filed 125 and 406 ,498a against my husband, his mother , his sister (married) and two aunts (Mausi). In125 interim 4000to me and 2000 to my minor son.
in case of 498a IO was a ACP and now on DSP rank.
He register the FIR against my husband only and rest all allaged bodies were free from his side.
Now in the court He called for witness where as we were not present there and my advocate was also not there. Now he submitted his statement that he has conducted the enquiry in his office and his not gone to accused home and has also not recorded any statement of any neighborers. He has found that the alegations aginst other accused found false ( where as they have never come during investigation). He has not gone for detail enquiry of demand of dowry.But he found that physical and mental tortur was given to me and me and my husband were living separately ( true story ia my MIL was also residing wirh us and his sister were neigborer at a time). He has not register the FIR under political pressure .
Now my query is
1) if he has not gone to accused house and recorded any neigborer statement then how he can give clean chit to other accused.
2. If he has not gone for detail investigation of demand of dowry then how the FIR is register with reason of 406 , 498
3. Now can we request to court to summon to other accused also as no investigation is done against these accused.
4. This whole statement of DSP is against of us or it is in our favour ?
5. Is there any harm to our case as our advocate was not present there at the time of witness of DSP IO.
Kindly reply.
INDIAN LADY
04 July 2014 at 23:51
Respected Experts , I have filed execution for interim in 125 two months back. On first date advocate of my husband given the vakaltnama to court. 3 days prior to execution in regular 125 suit , Judge asked him to make the payment but he replied he will pay on execution hearing date but again on execution hearing he just submitted the vakaltnama and taken the next date. For last 6 months his advocate is doing the same thing. Now my query is a) How long he can strech to not to give the payment b) what shoud I do now to recover the payment fast c) Suppose To put the pressure if I will file one more execution of 2 months only , will the court club with first one execution or it will run separate. D) as in the court if my advocate could not reach on time can I request to Judge to ask to advocate of opp. party to wait till my advocate is coming bcoz opp. Party advocate is taking the benefit to take next date on non presence of my advocate e) In absence of my advocate what shoud I ask to court for recovery in execution. Kindly advise
INDIAN LADY
29 April 2014 at 16:03
Respected Experts , After my dowry demand compliant against my husband and inlaws , FIR got registered thru Mahila Thana (Women Police Station) . Now my husband got bail after he surrendered ( while his AB was rejected by session court) . Police has put the file in the court and on every date my husband is appearing along with his adocate for charge framing . My advocate is saying that myself will be summoned to appear in the court after the charge framing is done. As of now neither me nor my advocate is appearing in the case of 498a. Now my query is 1) will it not effect on the case that niether me nor my advocate is appearing on the hearing date of this case. 2) how much normal time court is taking to frame the charge ?
INDIAN LADY
28 April 2014 at 08:12
Respected Experts , After 125 from meIinterrlim is decided by court and my husband has gone for revision where he has filed the affidavit that beacuse police had arrested him due to FIR of 498a , and he was having the stationery shop in a reputed college so college management has taken objection on that and college had get vaccated his shop so he is unemployed now. Where as truth is police has not arrested him in college , he himself had surrendered affter rejection of bail from session court. college has vaccated his shop due to some other arrangement and given him alternate open space where he has constructed his shop him self by putting tin walls and tin roof. Now we are having the photographs with me where he is attending the customers . Now my query is 1 )what action we can take abt his wrong statement to the court on affidavit. 2) The photograph is sufficient as proof or any other proof is required ? 3 ) What is the punishment in law for filing the wrong statement on affidavit ?
INDIAN LADY
19 April 2014 at 19:57
Respected experts. In the HMA 13 case filed by my husband in Patila , which is transfered to Amritsar , I got the summoned to appear in the court and I appeared personely with my lawyer but niether my husbad nore his lawyer appeared in the court. My advocate requested for dismissal of the case but Judge told that summons copy is not received back which is sent to my husband and said that he will send the notice and in next date if he will not appear then he will dismis It. Where as we observe that advocate of my husband in other cases 125 , CRR 125 , was moving there and noted the along with his clerk and we read the cause list and found that he was not having any other case in that particular court. We requested to judge that his advocatev was here in the court but he said he has not appeared here and given the next date. The reason of not summoning was he has given the adress of his aunty in Patiala where as he is living in some other city . Now my query is should I tell to court abt his new address to serve the summons or request for dismissal of the case ? Suppose the case is dismissed then can he file the HMA 13 case again ? If no then it is ok if yes on the same grounds or new reasons ? Is there no restriction to file the same case again and again ? My elder son is with my husband for last one and half year and younger son is with me which is of 15 months. I hv not filed child custody yet for my elder son will it create any adverse effect on my other cases ? Kindly advice.
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Proof of 498
In my complaint of 498a I mentioned that we have made the payment to my husbands bank account by cheque and cheque detail is given. After FIR we given all statement to police too. At time my advocate told me that ask to police that all related documents we will present in court and same we did. Now challan is presented in court. I asked to my advocate that I m having all my bank detail and cheque proofs as We have given to my husband during my stay with my husband. Now my advocate is saying that this all proof was to submit during statement to police and now it can not be submitted in court. So I asked him then by this my case will become weak when i m having all proofs with me. Now my advocate is denying that it can not be submitted. Now my query is is there any way out to submit my documents (My account statement showing cheque is debited from my accont in favour of my Husbands name..certified copy by bank with cheuqe image, cash deposit slips in my husbands account) in court. Pls advise