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kalyani Shah (Junior Attorney )     16 June 2011

Poor Husband and DV Act

Good Evening all of you. I am handling one case on pro-bono basis of one poor husband. A case of DV act was slapped on him, his mother and his brother by his wife. Court has granted an interim  maintenance of Rs 1000 without giving him any opportunity to defend ( i was not involved in case at that point of time ). What can be done with this maintenance thing? his family is really poor. They are land laborers. I am finding ways out to give relief to this poor soul. Judge threatening us that if he would not pay the maintenence then he will have to go to jail. I want to challenge this thing VERY STRONGLY. The case was slapped with criminal intentions just to harras the husband by his wife who stayed only 2 to 3 months with him after marriage. Kindly guide me in helping him. Thank You brothers and sisters.

Adv. Shah

( Manav Mukti Kendra )



Learning

 6 Replies

Sandeep Aggarwal (Advocate)     16 June 2011

maintenance has be paid only. Judge is rightly saying. Tell your client to effect a compromise with wife or contest the case 

arundhatii (Junior Advocate)     16 June 2011

Go hard sista !!!  You are doing a great job. If there is a possibility of compromise then it would be really great. but if there is no chance of compromise then go hard on her. You always have options open for u. District and High court is always there. Even if it is compulsory to pay the maintenance dont let her have it easily.

Best Regards,

Adv. Arundhati

Tajobsindia (Senior Partner )     16 June 2011

@ Author

Approach Sessions Court under Appeal showing material irrationality and material correctness and ask for appointment of LC to bring on record what his ability to earn actually is. Also one of the prayer under Appeal seek TCR.

 

1 Like

kalyani Shah (Junior Attorney )     17 June 2011

wow, thanx Arundhati for cheering me up. Taj ji i have already filed an appeal however i did not prayed for an appointment of LC (Law Commissioner) or for seeking TCR. Let me know what is the  procedure to amend memorandum of appeal, i just dont wish to miss any chance which could possibly give relief to the poor soul. Thank You.

1 Like

Tajobsindia (Senior Partner )     17 June 2011

1. File an seperate APPLICTION to amend Memorandum of Appeal as per format of State HC under which Sessions Court comes and get it served and allowed accordingly. 


2. Seek Legal Aid assistance to pay even fees of LC :-)  

1 Like

kalyani Shah (Junior Attorney )     17 June 2011

WOW Sir ! Glad !

1 Like

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