Dv case

Hi Helping Hand.

Thanks for your insights, assuming that u/s sec 23 the Judge passes the interim without verifying her salary, in such cases the respondent can appeal the orders? If yes please let us know how per the law.

Greatly appreciated!

Its better to attend on the first date and appoint a lawyer . Normally nothing happens on the first date all that is done is that the lawyer files his vakalatnama and the next date is given and you can receive a copy of the petition . in case you dont want to attend the later dates you can ask your lawyer to seek exemption from court stating the reasons . 

AS for interim maintanence for your wife as she is earning 1.2 lacs per month you can file her salary slip or her IT returns in the court and she want be awarded maintenance since that amount is more than sufficient to sustain herself .

u/s 29 of the Dv act you can appeal against the order passed by the trial court judge at the sessions court within a period of 30 days after receving the copy of the order .

But judges dont pass ex-parte orders if you skip just a single date .

Thank Stanley, If we dont have the Pay slips but know where she is working in that case can we ask court to summon the employer If I am right it is CRPC 91 is it correct or do we have some other act?

Yes you can summon her employer and call for the documents using CRPC 91 but these can be called for only during cross examination as there is no procedure in criminal procedure code 1973 to call for documents prior to this .

you can call for 

1. The company's salary statement into which bank it is being deposited 

2. The company's employees attendance  details , etc etc .

3. you can even check for her Provident fund  details on the PF website as you know the name of the company .

I agree with stanley, but not wholly.

The said DV case should be over within 90 days and judges always put blame on number of cases when asked about why cases are not done with.  But when they get such a application under DV act if there is mention of section 23 they will happily pass some onesided order as they too have monthly targets, half yearly targets and such will count on their promotions.

@Querist:  Why take a chance, just attend.  You got married and you want your family members to shield you even now?  Go, appear with a lawyer.  Take lienience for rest of the co-accused ciiting old age and medical problems etc.

@Helping Hand >>> I am not taking any shield from my family member here.  All other cases i am doing PIP (FYI) so i am not at all afraid and all petitions and everything i write myself including replies, rejoinders and every damn application i do myself................So there is no need for shielding here my dear friend.

I have actually a very urgent work for which i need to travel outside the city where cases are going on. So that is the reason i asked this here whether i need to be present or not on 1st date.

As your answer says Yes, i will try to appoint a lawyer before 1st date for my family members and in DV case, i want to do PIP too (like other cases). Thats why i was thinking if i am absent on 1st date, then wat all can be the repercussions if i do so.

One thing more Stanley, i have also heard judge needs to pass Interim Maintance orders in 60 days .............but in my SIF chapter, we have DV cases running from past 2 year s and no maintenance yet :P

Dont know what judges are doing

@ Author 

My DV case is running for the past 3 yrs  and till date the judge  is unable to pass interim maintenance for my child although i deposit voluantry maintenance for the child in the court  .Judges too find it difficult to fart and pass orders as per the Domestic violence act which says within 60 Days  .For an order to be passed it has to be proved that neglect has taken place  ami right . Similarly for a protection order to be passed it has to be proved that domestic violence has taken place am i right ?? Hence in the absence of any proof or nothing being proved how can any order be passed 

And here on this forum itself if you browse through some queries you would find a few women sympathetic lawyers stating that it is difficult to prove Domestic violence inside four walls of the bedroom .

Thanks for encouraging me stanley. I hope this may help me too :) as she did not mentioned anything abt DV. She just mentioned i left her, i stopped paying rent and she want to join me and bla bla.........no acts of voilence mentioned in the petition :)

Originally posted by : 498aweddinggift
	@Helping Hand >>> I am not taking any shield from my family member here.  All other cases i am doing PIP (FYI) so i am not at all afraid and all petitions and everything i write myself including replies, rejoinders and every damn application i do myself................So there is no need for shielding here my dear friend. I have actually a very urgent work for which i need to travel outside the city where cases are going on. So that is the reason i asked this here whether i need to be present or not on 1st date. As your answer says Yes, i will try to appoint a lawyer before 1st date for my family members and in DV case, i want to do PIP too (like other cases). Thats why i was thinking if i am absent on 1st date, then wat all can be the repercussions if i do so.

All explained. Nothing more left to explain. You may do as it may please you. Good Luck.