Never Give Up
04 June 2013 at 18:56
Hello Experts,
498A is pending for IO's cross.
Now if parties want to reconcile, how can 498A withdrawal be done at lower court ? As all other witnesses have been examined / cross examined , witness can not be turned hostile. They have deposed about all cruelties which were mentioned in FIR/Chargesheet.
Is going to HC with quash petition only option ?
Please guide.
Never Give Up
29 May 2013 at 12:20
Hello Experts,
In my case chargesheet , sections 498A,504,323 were mentioned.
Case is now on cross examination of complainant witness.
How do we find what are the sections judge has considered during framing of charges ?
Please suggest.
Never Give Up
27 May 2013 at 12:34
Hello Learned Members,
Here are events of various cases in chronological order,
1. Wife in Domestic Violence cross-examination admits that husband have been supporting Kid's education and finance.
2. Husband submitted my proofs in DV (with affidavit) where in Husband submitted all proofs of supporting Kid financially.
3. Wife filed interim application of interim maintenance in GWA (with affidavit) stating that she has no means to survive and husband didnt look after kid and have not provided any financial support till date.
Is perjury made out ? Is it a fit case to pursue ?
Where do i file case of perjury ? In GWA court Or DV court ?
Please suggest.
I appreciate your time and wisdom shared in this forum to help getting justice.
Thank you.
Never Give Up
13 May 2013 at 16:36
Hello Experts,
During cross of respondent, additional (fresh/new) evidence was led by complainant's lawyer in DV trial even if complainant evidence was closed by pursis long back.
Is this new evidence admissible ? Can respondent's lawyer gets chance to cross complainant on this new evidence ?
Please suggest.
Never Give Up
28 April 2013 at 16:50
Hello Experts,
I have filed for Custody petition and in which opposition has file interim maintenance application petition for her and kid.
Can HMA 24 application be filed in GWA Custody of kid case ?
Is it maintainable ?
Or one has to file separate case to get maintenance ?
Please help.
Never Give Up
03 April 2013 at 17:02
Hello Experts,
I am planning to put application for modification of visitation order for enhancement of visitation.
Do we need to mention any reason why are we seeking modification ? Which reason would be best suited as per your exp. in child custody cases ..
How would this application get disposed ? The same way of reply from respondent -> argument from both lawyer -> order ?
Generally how are this application viewed by judge. Visitation was granted in November 2012. Kid is 3 yrs young, can overnight stay granted at this age ? Or interim custody for entire day ?
Please suggest.
Never Give Up
25 March 2013 at 12:38
Hello Experts,
I have GWA case (custody filed my me) running in Family court and we got visitation order. Visitation was defaulted multiple times hence filed Contempt of court which was accepted by judge.
Case currently on cross examination of applicant.
Now opposite party has come to seek interim maintenance in GWA case. My forum reading suggests there is no provision in GWA to get interim / final maintenance. Though i am not very sure.
Is this interim application maintainable ?
Please help.
Thank you for your sharing your time, effort and wisdom and experience.
P.S. No other case running in family court except GWA case, however DV,498A running in other court and interim and final maintenance demanded there in DV as well , though not decided yet.
Never Give Up
12 February 2013 at 18:09
Hello Experts,
In my 498A case proceeding, all witnesses have given statement, they were cross-examined by our lawyer. Now its turn for IO.
Since last couple of dates IO has been absent.
My question is ,
1. Can we move ahead without cross of IO ?
2. What can we do to bring him to court ? As most of the time police are quite busy with their "Bandobast duties".
Please suggest.
Never Give Up
09 February 2013 at 22:05
Hello Experts,
GWA case is at petitioner(my) cross. I got interim order of visiting my kid in court premise on court date, which could not happen so far for 3,4 dates. Contempt has been filed for the same.
I need your expert advise on following,
I intend to bring my kid (3 yrs) to my place on every week end preferably overnight stay.
In above circumstances, should i go for
1. revision of existing interim visitation order
2. New interim application for week end overnight stay
3. Wait for contempt petition to dispose ( as such no specific relief sought, just appropriate stpes against respondent)
Please suggest.
Thank you.
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498a, dv cases
Hello Experts,
I have 498A , DV case on me.Fought cases for 2 years. Now i am thinking of reconciliation for sake of my little kid.
I work in different city from my home town and keep on travelling on saturday sunday to home town. Very well settled home in my home town. I stay with my friends in work city.
Now wife asks for staying together at work city. Problem is my parents are old and suffering from 20 yrs from disease and not able to do things on their own. It will be very difficult for them to come to small rented accommodation and stay with me in new area/environment. Kid is going in school in hometown.
If i dont take my wife to my work location city , Would it be considered by court that i am unwilling to take her back and that i have deserted my wife and not willing to keep her ?
I have been sending money for my kid's schooling and upbringing on a regular basis without any court order.
Please suggest.