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Evenmore (Private)     23 January 2014

Civil suit query regarding court fee

Dear Experts,

 

I have borrowed some amount from my father in-law some time back. He has given me a cheque and I have deposited the cheque in my bank account.

Later when I tried to return that amount, he has not accepted that amount and told me to keep it with me and told me that he will take it when he needs it later. There is no agreement / document between both of us regarding the amount borrowed from him.

Later, due to marital issues, my wife has filed 498A, Domestic Violence, Maintenance case and Civil Suit.

I was arrested in 498a and sent to jail for 4 days. Later got a regular bail.


The allegations in 498A, Domestic Violence and Civil Suit is same. They have exxagerated the amount in Civil Suit by 5 times and wrote that I am still demanding dowry and harassing them.

She has filed the civil suit (Section 26 Order SEVEN CPC) on the house owned by me and asked for attachment. The court has numbered the civil suit filed by her and sent me attachment notice. They have produced the Bank Statement as evidence in the civil suit. There is no evidence / proof submitted for the other amounts.

The trial in 498A, Domestic Violence, Maintenance Case and Civil Suit have not yet started.

She has not paid the court fee. She got a waiver from the court even though she is working in a private company. I dont know the reason for waiver of the court fee.

Please suggest answers to my questions :

1. Under what criteria / grounds does a court grant waiver of court fee ?



2. Does Double Jeopardy apply to the civil suit when a Domestic Violence case is already filed against me with same allegations before filing civil suit ?



3. Can I file rejection of the suit in the court ? If YES, what should be the grounds for filing rejection ? Under what sections can I file the rejection of suit ?

 

4.  Can she file the civil suit on my property in a different city where she is residing with her parents ? The cause of action for suits is shown as marriage. But the cheque was deposited in the city where I am staying. Does the jurisdiction apply to civil suits ?

 

5. Please suggest how can I tackle the 498A, Domestic Violence, Maintenance case & civil suit ?

 

6. I want to get the attachment on my house to be removed. How can I do that ?

 


Thanks in advance.

 



Learning

 6 Replies

rajendra (na)     24 January 2014

They can attach your house(whereever it is) once they win the civil suit and also if you didn't pay the said amount....straight way they can't attach your house.....

you need to file a strong counter for this

1)ask them to submit the evidences for all the amount the gave

2)mention all there cunning mentality on your property

3)submit income tax details of her in court..you can get this if you have her PAN,date of birth details...

so the Maintaince case will be tough for them to win...

4)either in DVC they may ask for maintence or in 125MC they can ask maintence not in both........

if they file both use this 125 MC get closed....

what is the stage of 498A and how many members involved in this FIR...

1 Like

Dr J C Vashista (Advocate)     24 January 2014

Contest the cases, engage local expert lawyer.. 

Evenmore (Private)     24 January 2014

Does it amount to Double Jeopardy when a domestic violence case with same allegations and request for recovery is mentioned ?

Please advice ?

T. Kalaiselvan, Advocate (Advocate)     24 January 2014

No it will not attract double jeopardy.

1.  Under what criteria / grounds does a court grant waiver of court fee ? Under pauper act



2. Does Double Jeopardy apply to the civil suit when a Domestic Violence case is already filed against me with same allegations before filing civil suit ?  No



3. Can I file rejection of the suit in the court ? If YES, what should be the grounds for filing rejection ? Under what sections can I file the rejection of suit ? Yes, consult your lawyer.

 

4.  Can she file the civil suit on my property in a different city where she is residing with her parents ? The cause of action for suits is shown as marriage. But the cheque was deposited in the city where I am staying. Does the jurisdiction apply to civil suits ? Yes she can do it.

 

5. Please suggest how can I tackle the 498A, Domestic Violence, Maintenance case & civil suit ? You have to contest it on merits.

 

6. I want to get the attachment on my house to be removed. How can I do that ? File counter and record your objections.

1 Like

Dr J C Vashista (Advocate)     25 January 2014

A big NO to question No 1 & 2.

I repeat contest the cases, engage local expert lawyer..
 

1 Like

Evenmore (Private)     25 January 2014

Thanks Rajendra, Dr. Vashista & Adv. Kalaiselvan for your valuable inputs.


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