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BJM_BJM_BJM (Service )     26 May 2010

deadlock

Learned Sirs,

There are some updates in my case :

1. My expartie restroation petition is pending at Vishakapatnam court . The divorce is not only expartie but the divorce of the marrige dated 29-11-2006 under HMA where as my marrige is under Special marraige act on 27th September 2006

2.Meanwhile army has accepted the divorce which has nothing to do with my marriage and inspite of my constant applications they have not restrored me as wife.

3. Domestic Violence court has given me residentail orders as wife and has ordered the commandant to provide me peaceful entry into my husband's unit house and also see the security . Domestic Violence court has not accepted his contension of divorce decree.

4. Now there is a deadlock.

What shall I do and how should i make the clearance in the army front who is not taking any decision on this front .UI have already send the notive of cpc 80 ....... but no reaction .Pls guide.

Regards

jaibharti



 4 Replies

Arvind Singh Chauhan (advocate)     26 May 2010

Initiate the proceeding for contempt of court against responsible authorities.

Guest (Guest)     27 May 2010

On the strength of the order passed by the court under domestic violence Act, by informing the local police and taking their assistance, enter the residential premises permitted by the court.  If any obstacle comes from any of the army personnel, note down their names and ranks, move the appropriate application under the same domestic violence Act before the same magistrate against those persons who are frustrating the court order.  If necessary, contempt petition also can be filed.   

BJM_BJM_BJM (Service )     27 May 2010

Dear Sirs,

Thanks for the valuable advices . The problem is that my husnband is ou for a course and his premises is locked ...... now can i break the lock to enter my own home. pls advice .

 

Regards

Bharti

Guest (Guest)     28 May 2010

If local police would be helpful, before their presence, you can ask them to break lock and enter the premises.  Without their assistance, if you do the same thing even though in compliance of court order, your husband would file criminal cases against you.  If the local police will not be that much cooperative ( I assume so), you can move the Domestic Violence Court and ask the judge to give specific direction to the SHO of the area to break the lock and put you in the residential premises.  The  metropolitan magistrate ,under the Act, has got the power to issue such an order and then SHO would comply it.


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