Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Tra (Tra)     08 November 2014

Dv case

Due to the heavy pressure from the lawyer of the opponent party to settle down the issue by giving the monetary benefits of the Judgement given by the court on EX-PARTY case of Domestic violence. 

Because of the above my mother aged 81 years was mentally tortured by the advocate of the opponent party through mobile and in person she died due to heart attack last month.  Is there any chance of me getting compensation for the loss incurred by me and my family????  The case history on Domestic violence is enclosed herewith for your ready reference.

Kindly help me in assisting the laws and sections available in our country.

1.       We have filed DV quash petition in high court.

 

2.       We have filed a police complaint regarding the above subject too.



Learning

 9 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     08 November 2014

Dear TRA,

 

You should have approached the BAR Associations as well as State Bar Council against the conduct of Opposite Advocate. The act of Advocate is illegal and you should have lodged FIR against the Lawyer. Moreover Court cannot pass ex-parte judgment if you are appearing. and contesting the matter in person or through your Advocate. Your facts need more clarifications.

 

RAJIV BHASIN 

SOLICITORS AND ADVOCATE 

BHASIN LEGAL CONSULTANTS

www.bhasinlegalconsultants.com

Mail: bhasin.laws@yahoo.com

9811210505


1 Like

Tra (Tra)     09 November 2014

@RAJIV BHASIN 

Please note that the ex-parte order passed in the court due to the refusal of post by us and the address they sent was the old one where we stayed earlier.  The house was locked ever since we shifted.  They have convinced the postmaster or the postman and redirected the same to the court stating the post was refused by the addressee.

 

To have more clarification,  myself and my two sisters were not available at the sent address and my father and mother has received the petition and they doesn’t know how to react to the same and consulted with an advocate who in turn convinced them and without informing my parents about the proceedings the case got ex-parte.   Now my question is whether the Judgement passed as ex-parte for all the five of us (mother, father, myself and my two sisters) is correct.  If the judgement is not correct what action can be taken against the judgement.  Kindly advise.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 November 2014

file an appeal before session court under section 29 of Domestic Violence Act or file an application u/s 25 (2) of D.V.ACT  for set aside the ex-party order passed by the magistrate.

 

contact a lawyer who deals with the family matters.

 

Feel free to Call

1 Like

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     11 November 2014

Dear TRA,

 

I am totally agree with opinion of my Ld colleague Mr. Nadeem. Engage a good lawyer get judicial file inspected or apply for certified copies of the relevant record before filing appeal. You have very good ground for setting aside ex-parte orders. You should have enough proofs that you have shifted from that address.

and you should also do as already replied earlier by me.

 

RAJIV BHASIN 

SOLICITORS AND ADVOCATE 

BHASIN LEGAL CONSULTANTS

www.bhasinlegalconsultants.com

Mail: bhasin.laws@yahoo.com

9811210505

1 Like

Tra (Tra)     11 November 2014

Dear sir,

 

We have already set aside the issue in court and got order for the same.  At the time of set aside we have submitted the entire documents pertaining that they are not staying with us (my sister’s).  Even though after submitting the documents the magistrate is not willing to remove the names of my sisters in the case.  So we have filed quash petition in High court which has got numbered and waiting for trail.  My question is 1.  DOOR LOCKED / REFUSED / NOT CLAIMED summons was returned by the postman where my sisters were not staying.  There was no notification before ex-parte order.  Is it possible for the magistrate to issue ex-parte.  If the ex-parte order is wrong from the side of magistrate what action can be taken now by me ?????  Because of this matter my mother who expired last month was mentally tortured.  Is there any other sections to sue my in-laws>>> who have given bribe to the postman and magistrate who is not willing to remove my sisters names.  Kindly explain in detail ……

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     13 November 2014

1) It is good that you have lodged a FIR against them. Please make Speedy Trial of that FIR also since Speedy Trial is a right of complainant also.

 

2) Please file Writ Petition (Article 226) with all List-of-Date and events and justify how your person liberty is depriving for the extortion game including lose of life. Pray for quash, direction to take action against the culprits and award cost.

 

3) You can also pray for investigation of your FIR with CID crime branch in your Wirt Petition.

 

If possible you can do it in-person (Without Advocate).

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     13 November 2014

Sample Writ Petition can be found in the following link - https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=3

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     13 November 2014

Sample Writ Petition can be found in the following link - https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=3

Kaatu Poochi (Kaatu Poochi&Co)     18 November 2014

I'm also facing the same issue. Magistrate can rights to pass the exparte order without notification(Your advocate already appeared). But in your case magistrate have no rights to pass the exparte order to your sisters coz they not received a summon. You can file FIR(Direction CID Crime) against the postman then step by step the corrupted ........ will trap automatically. C.C. Vigilance officer


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