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insaniyat 16 April 2014 at 17:01

Maintenance revision appeal - since last 2½ years

Dear Experts,

The judgement on DVC ordered me to pay monthly maintenance to my children which I am paying regularly.

However, my lawyer advice me to appeal for the reduction in maintenance and I agreed. Since last 2½ years the appeal is in the court. Both parties argument were recorded but till now no judgement passed.

Could you please advice:
1. what are the reason for taking such long period to conclude?
2. How can I request my lawyer/court to faster the proceedings.
3. can she file revision for maintenance once order passed for my appeal.

Thanks in advance.

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insaniyat 15 April 2014 at 18:04

Already 498a/dvc under trial - 2nd wife can also file the same

Dear Sir,

I come across with one of the victim who was falsely alleged under 498a and DVC which is under trial right now.
He is on bail currently.

Meanwhile he got married to another and have children. He asked me to make a query here online for your expert advice, whether the 2nd wilfe can also file the same to him. He is afraid because he is rich enough however his attitude towards his family seems to be normal through my sources.
What are consequences if she also file the same. please advice.Thanks in advance.

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insaniyat 08 October 2012 at 14:08

She not appeared for any hearing at all during maintenance appeal

Dear Experts,

I appealed against maintenance amount ordered during DVC. It is now 10 months and she did not appeare for single hearing. Judge is giving dates every month and no action taken yet.

My question is what are my options available in this case?

Thanks in advance.

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Anonymous 22 December 2011 at 17:24

Can i use section 340 against her in dv

Dear Sir,

In DVC case, almost all the facts are false and she lied such as; she said she is unemployed while she earn, later she accepted that she is earning. She denied abroad visit but later accepted upon showing Visa evidences in court. She submitted fabricated rent receipt and I challenged then court not accepted her rent receipt and she admitted her fabricated evidence. Finally she said in court that her in-laws never came to matrimonial home but she filed so many false allegations against her in-laws (my mother and sister).

1. Will all the above facts falls under perjury?
2. Is it safe to file Sec 340 on her or any other option to counter?

3. Using section 340 will benefit me to fight 498a?

Please advice.
Thank you

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Anonymous 21 December 2011 at 14:08

498a - she is not attending

Dear Experts,
since last 2½ years 498a case is running in lower court and judge is giving next dates to come. But no progress. Charges are not yet framed. My lawyer said it will take longer time may be another 6 months to frame the charges.
She never appeared in 498a court since day 1.

My question is;
1. In this circumstances what I am supposed to do to make her appear in chourt?
2. What are the options to get expartee against her?
3. Is there any speedy process to close 498a?

thanks in advance

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Anonymous 06 December 2011 at 23:30

Buying a property during 498a

Hi
my 498a case is still in progress while I want to purchase property under my name. will it be safe? what are the consequences if I do so?

she did not get any relief from her maintenance appeal as she is the owner of property and getting rent.

please advice

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insaniyat 03 December 2011 at 21:24

dvc dismissed, what next?

Hello Experts,

Hurray!

My DVC case had been dimissed by Lower Court saying that she made unjustified act by filing false case against her in-laws (My Mother and Sister). Further, she made false allegations against myself with no proof at all. Court says that it is not safe to rely upon her evidences, hence the Court found that she has unjust enrichment from her husband made false claim U/s 19 of the Act.

Hence the case was dismissed with No Cost.

Previously while DVC was running in Lower Court, my advocate approached HC to Quash 498a. HC ordered to go for trial, however my physical appearance in court is not mandatory unless required.

My question is what next step should I take?

1. On the basis of DVC judgment, Shall I approach HC for Quash 498a?

2. What are the other options to get rid of 498a?

Thanks in advance.

regards,

Never Give Up

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insaniyat 05 January 2011 at 22:58

Muslim women accepted divorce in DV Cross but

Dear All,

(Plesae visit my profile page to know my case history. thnx)

1. Me & my family members had been implicated in 498a and DV in year 2009.
2. She prayed in her DV affidavit to stop me from entering into her house (i.e. matrimonial house).
3. Based on false 498a and DV as well as her pray to court, it is clear that she is not interested to continue the conjugal relationship with me, therefore in counter I warned that I will take action as per Mohammaden law for this pray, but no one from her approached me, hence I divorced her through advocate by pronouncing Tallaq three times in one sitting and got Tallaq Naama from Qazi office. I got collected the Divorce Certificates from Waqf Board as well and the copies had been submitted to court.
2. During her DV cross examination, she accepted that I had given her divorce and it was recorded.
3. But during my cross examination, her lawyer could not find much to attack on me so he asked me that the divorce is illegal and it is not accepted. I said it is not true.

My questions are;
a) Could you plesae advice what are the consequences and effects on DV, of such allegations made by lawyer?
b) Can her lawyer now challenge the Divorce is illegal?

Thanks in advance,
regards

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insaniyat 02 January 2011 at 16:43

What is Quash and what happens after Quash?

Dear All,
1. Me and my family members been implicated in false 498a and DV cases in 2009. Argument stage still yet to come.
2. Recently in her cross examination she said that she had no connection with her in-laws and they never visited the matrimonial home.
3. Presently she is staying in her father's house where she pays rent.
4. My lawyer asked her, after having so much trouble in your life, did your father still force you to pay the rent? She said yes.
5. She admitted many other charges made false against us.
6. When asked, then why did she file DV case? She said she want money to support herself and children.
7. That means all other charges are nothing but fabricated as she needs money.

My lawyer is saying I can go for Quash now.
My questions are;
a) What is Quash?
b) Can I go for Quash based on her cross examination?
c) What happens to DV and 498a, once it gets quashed? I mean, me and my family members are completely out of the court cases?

Please advice.
Thanks in advance.

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insaniyat 28 September 2010 at 12:29

She said no income in DV while she owned property

Dear Experts,
She filed false 498a and DV last year and mentioned that she has no source of income. She lied to court while she is the owner of property fetching handsome monthly rent.

I had collected certified copies and EC of her property. Can you advice me how to make use of this documents?

Thanks and regards.

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