Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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shalini (software engineer)     10 August 2012

Dv and maintenace

Today my brother has the cross examination in the lower court. The judge seems to be veru biased and seems like bribed. In the beginning he scolded to the gril to show use that he is with the justice and then in the last he asked my brother to forgive all the girl’s sins( her adultery, her misbehavior, her threats to my parent and sister ……) and take the girl home. Infont of the court he asked the girl’s father that he can call him on his mobile if some my brother is having any trouble getting his daughter back.

1.      What the biased judge can do at the max?

2.      How much maintenance he may asked us to pay?  I know that monthly income in 125 crpc is calculated based on boy’s salary but on what bases the maintenance is calculated in DV case?

3.      When my brother asked for next date to be after a few days the judge didn’t listen and gave the date for very next day. How can we delay the date hearing? Can my father attaint the next date?

Thanks every one,

Shalini



Learning

 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 August 2012

1. The judge has no business giving his number and telling you to take her back when you don't want to.

2. In DV act also the maintenance amount is arrived at keeping the same considerations in mind as in 125 CrPC.

3. If the judge is biased - file an application before Distrct Judge - wanting the judge to be transferred. NOTE : Do ths only when you have objective material, and order sheets themsleves tell his tale, matter won't be transferred if you dont have such stuff.

rahul (director)     10 August 2012

is it in UP? Its ulta pradesh,

in delhi , judge dare to speak this way, you can easly complain of judge to district judge,

well, 

i dont know what is prayer girl ask for in her DV application... did she ask for resident right?

the maintennece will always low in DV and 125..

but seems this judge will order little high amiunt as compare to normal

why not you file your defence.. that girl is educated,  have professtional degree.. aand working  or worked before.. she is able bodies.

and show your salary minus all home exp and burder of parent and sister exp too..

shalini (software engineer)     10 August 2012

it is in UP.  We can show all the evidence but first Judge should be ready right. The judge scolded he girl that means he also know the whole story. He also scolded the girl for misbehviour in the court and asked her to keep quiet....but in the last he order my brother that means even if he knew every thing, he can put more maintenace :(

Adv. Vaishali Karloopia (lawyer)     10 August 2012

@ shalini

BE POSITIVE


(Guest)

After order pass by lower court  go for stay order in HC.She will suffer for single penny.

498_final stage (Professional)     20 March 2014

If the girl was earning earlier but after filing DV she stop working and ask for maintenance, can court grant it??


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