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Queries Participated

vallabh_raut   19 May 2019 at 13:41

Opposite party not admitting attested court orders

Hello Experts,
We are fighting our DV case( filed by brother's wife) in person. We produced some court orders in the court, but her lawyer put 'not admitted' remark on all the orders. Is it not contempt of court? What action we can initiate against the woman?

Anonymous   27 March 2019 at 20:36

Opposite party lawyer didn't come for cross examning witness

Hello Experts,
We are fighting our DV case in person. Today, we had called the Psychiatrist treating my brother from a distant place ( nearly 200 km away). On last date we had taken consent from the OP lawyer and he was convenient with the date in front of the Court. But, since last two days lawyers are on strike in our district. And today, he didn't come to cross examine the doctor in the court. Is it not contempt of court? what action can be taken against him as the date was fixed with his consent?

vallabh_raut   21 March 2019 at 21:56

Exhibit of documents submitted by applicant wife in dv case

Dear Experts,
My brother's wife has filed case of Domestic Violence against all of us. We are fighting it in person. The (Respondents') evidence stage is about to finish. Before closing the evidence, we want to submit some documents like NC's and a FIR she filed against us. She has already produced the same documents before the court while filing her application. But they are all xerox copies. Even we wanted to submit certified copies of the same documents.
Now, will the documents she submitted with the application be exhibited and read as evidence if we admit them? Or the documents must be in certified form to be exhibited and read as evidence?

vallabh_raut   15 August 2018 at 16:47

Power of attorney

Hello Experts,
We are fighting DV case filed by my brother's wife( in-person). She has also filed application under section 125 of CrPC. Both cases are in the evidence phase(applicant's). My brother is a patient of depression and our lawyer is not attending court dates regularly and seriously. In the 125 case, can I represent my brother as far as cross examination of applicant's witnesses and argument is considered?
I have read about power of attorney. Is it applicable in this case?

vallabh_raut   26 May 2018 at 10:01

Deliberately extending evidence in crpc 125

Hello Experts,
We (brother,father, sisters and me) are fighting DV filed by brother's wife. She has also filed 125 on my brother. The CrPC 125 case is in evidence stage. Her cross is over. She has asked the court to send summons to the Talathi of our native place claiming we have ancestral property there ( as he (allegedly) refused to give her 7/12 records ). This is just to extend the evidence. She has already produced the 7/12 records in the DV case an year before. Now, can we ask the CrPC 125 court to accept the 7/12 records she has produced in the DV case so that time gets saved?

vallabh_raut   08 October 2017 at 15:47

Sustainability of appeal to interim under dv

Hello Experts,
My brother's wife had filed DV against us in 2015. In Jan 2017, interim application was rejected and eventually the case was dismissed in default in April 2017.
She has appealed the interim order and the final order also. By the time we received the notice for interim appeal, the case was dismissed by the magistrate court, so we didn't approach the court immediately. After some time she also appealed the final order. We recently received the notice.
Both the appeals are in the same court. On the date of the interim appeal we gave an application to court saying the case has been dismissed by the lower court, so the appeal is not sustainable now , hence be rejected. But the court didn't agree . Now both the appeals are running on same dates( on request of the OP lawyer). On last date, OP lawyer gave application to court to wait for notice being served to all the respondents( my sisters have not yet received the appeal notice), the court has (surprisingly) entertained him and given a far date. I don't understand why the court is also killing time.
Is interim appeal sustainable when final order is given? If not, is it a valid ground to request the chief judge to transfer the appeals to some other court?

vallabh_raut   04 June 2017 at 15:12

No scope for disproving facts in issue

Hello experts,
I have been charged with 376 and 506 by my brother's wife. She says it has happened over a period of time(10 years). She has mentioned place of offense but no single date or time. It was a conspiracy by police and her. Actually she is having illicit relationship with a police and hence the case. My brother is not living with her since she filed the case.
As there is no scope for disproving the charges, how to seek justice?

vallabh_raut   24 February 2017 at 21:30

Dv case evidence not attended by petitioner

Hello experts,
We, the family, are facing DV case from brother's wife. Progress so far - the court has rejected her interim application saying there is no violence, apparently, in the case. Since the interim order date, neither the petitioner nor her lawyer has attended a date. Such two dates have passed. After how many dates we can request the court to strike off her evidence? Or is it allowed to request the court directly to dispose the case as the petitioner herself is not attending dates?

vallabh_raut   22 November 2016 at 16:04

376 proceedings without medical report

Hello Experts,
I'm facing a 376 in the sessions court. The matter is not on the board.And its been 1 and 1/2 year since the FIR, yet no forensic lab report is received. My query is: The case was just to draw money from me. She has alleged that I did it six months back(from the date of FIR). No true and strong evidences are there. Now, if the matter comes on the board and the forensic lab report is not yet available, will the matter proceed?