Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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JM (JM)     25 August 2012

Dv case and delay

Wife filed 498a against my entire family and asked me for a huge sum of money to settle down with someone else. A Domestic Violence case followed soon against my entire family with identical allegations. Also facing maintenance and other cases. I refused to give in to her demands and decided to fight her cases as we have not done any wrong.

In the DV case, my wife has not paid some fees to the court, and is delaying doing that. So I still have not been served summons and it is more than 5 months. Since she is not asking for money in the DV but only in other cases, she is delaying DV I think because she will ultimately lose it. Or is there any other strategy she is planning? How do I counter?



Learning

 5 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     25 August 2012

"In the DV case, my wife has not paid some fees to the court, and is delaying doing that. "

 

There is no Court Fees in DV Act..  LDIES ARE EXEMPTED FROM cOURT fEES OTHERWISE

As you know the contents , and inb case you already received  papers. you can suo-moyo appear , file your V.P. and demand her to proceed to prove her allegation, or Apoply for dismissal of the DV case. SO SHE CANNOT DELAY FURTHER,

SHE CANNOT KEEP A HANGING SWORD ON YOU. 

stanley (Freedom)     25 August 2012

If a DV case is filed against you than you have to receive the summons for the same .  Its suprising that without receiving the summons you know the allegations .

ADV S PATHAK (lawyer)     26 August 2012

i do not agree with mr shroff because if the aggreived person has given application for an advocate to legal cell in dv only then she will be exempted from process fee for summoning.

as the judges follow the process of crpc in dv so the process fee for summoning is required. withot PF no summoning.

ADV S PATHAK (lawyer)     26 August 2012

ask ur advocate to check the dv file in ahlmad room. some times in papers summons going and returned unserved. then BAILABLE WARRANTS also same thing and U WILL DIRECTLY receive NBW.

Sudhir Kumar, Advocate (Advocate)     01 September 2012

For the sake of consolidated advise avoid repeated query.  Further multiple threads increase the chances of your strategy being leaked to opposite party as it is open froum. 

 

You have following threads on identical matter :-

 

 

https://www.lawyersclubindia.com/forum/Dv-case-and-delay-64730.asp

 

 

https://www.lawyersclubindia.com/forum/Cheating-false-dowry-64433.asp

 

 

https://www.lawyersclubindia.com/forum/Evidence-opies-64432.asp

 

 

 


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