Ramesh (student) 29 September 2012

Dv act 2005

Dear All expert,

A wife filed CRPC 125 which was rejected but the maintenance to the child was awarded.

Aggrieved upon this she filed DV ACT 2005 to all the family members under section 12,18,19,20 and 22 and submitting papers in piecemeal and thus she is abusing the process of law as under:-

1. On first date of hearing after receiving the summons, only DIR was received from the court and when asked for the application or complaint or documents to the concerned officer, he shown that no application is received by the court from the Protection officer.

2. Based on DIR, reply was submitted to the court along with defence documents.

3. On next date after receiving the reply of DIR, she again submitted the application of grievances which was received by us.

4. Thereafter on next date when we were submitting the reply of her application but prior to this she again submitted application for interim maintenance and other relief under section 18,19,20,22 and 23 along with some documents which we received and thereafter simultaneously we delivered our reply to her in the court.

5. Now we have to give reply to her fresh application in next date.

THUS IT REVEALS FROM THE ABOVE THAT SHE IS ADOPTING DELAYING TACTICS,SUBMITTING THE PAPERS IN PIECEMEAL AGAINS THE DV ACT 2005.KINDLY GUIDE HOW TP PROCEED FURTHER AND WHICH OBJECTIONS SHOULD BE RAISE BY US TO PROTECT OUR INTEREST.

THANKING YOU,

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4 Replies

Tajobsindia (Senior Partner ) 29 September 2012

1. No.

2. Process followed by her is exactly as per books.

3. Don't get irritated on the process flow mentioned in The Act, 2005 that she exactly followed just retain your replies consistencies on all materials of records whose copies you are receiving one by one and don't delay from your side and request Court to proceed now on prime facie Protection Orders arguments as well as discharge pleas for some arreyed family members can also be taken if sufficient materials not their on record and also you may seek exemption of appearance for senior citizens arreyed and assurance of their presence as and when required may be also prayed at this stage instead of doing these two after 4-7 years.

Happy to hear that for once via this forum info. a aggrieved wife has exactly followed the Rules by the books.

Take:

See DV Act, 2005 is mother of S. 125 CrPC, sister to IPC and daughter of Punjab Police Rules and grandmother of CPC all rolled into one great Bible for metro wife’s bedside reading in contemporary India. So understand its wide interpretations and play your cards accordingly.

Ravi chaturvedi (Partner) 30 September 2012

Reply every application properly and give reference that the 125 application had been rejected.

Ramesh (student) 01 October 2012

Dear Tajobsindia and Ravi Sir,

Thank you very much for providing the guidance in the matter.

Now we will submit reply of her application under section 23 in next date and she will receive it.

Then how she will proceed or What will be in next adjournment from the court side.Kindly guide.

Since the case is on board therefore Kindly inform me in short , step by step ,the full procedure of the court right from the issuance of the notice

Tajobsindia (Senior Partner ) 01 October 2012

1. She may file Rejoinder.

2. Court may ask parties to proceed for Oral arguments.

3. Protection Orders on specified relief under various Sections used may be passed.

It is the same as what happened in her S. 125 CrPC, nothing differently matter proceeds under DV (The Act, 2005) and your earlier experience in S. 125 CrPC applies here too!