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kamal hassan   28 April 2016

Dv case - fine levy warrant issued

Dear Sirs

1. Within 24 hours of application ( in Jan,2013) Magistrate awarded maintenance on interim application ( 5000 + 2000 + 2000 +2000) Ex-parte in favour of  wife who deserted and took away my children when they were 5,3,1 year old( in the year 2000).

2. I preferred appeal against Ex-parte order, the appeal was lying in sessions court for almost 3 years, at the end of third year Sessions court judge said that it was a fit case to be ramanded since an opportunity of hearing was not given to me and there is one major at the time of application and another who turned major after appeal, however, the judge got transferred passing no order in writing.

3. Within 15 days the new judge dismissed appeal without answering allgrounds of appeal.

3. Even after appeal got dismissed, in the lower court I was hopeful that the lower court order which reads that it is subject to modification can still be modified as no opportunity of hearing was given to me in lower court.

4. My argument is when the sessions court confirmed the order, it means it confirmed the lower court order in total not just the maintenance awarded ex-parte and the sessions court can not say not to give the opportunity of hearing to me and not to modify the order, when the order itself reads it is subject to modification.

5.According to me it requires modification since I am unemployed and the wife is earning working in her aunt's school and my eldest and second sons are majors who were mentioned as minors though the eldest was a major at the time of application and she is living without domestic relationship without sharedhousehold for the past 16 years.

6. Opponent lawyer pressed for FLW( Fine levy warrant ) when I am still questioning the lower court about my opportunity of hearing, majors, no domestic relationship, no shared household etc..

6. Police  says to apply for Recall of warrant under section 70(2) in lower court.

7. The accrued arrears is 2,50,000

8. She ruined my life, she deserted me, she took away children,no relatinship with kids. A permanent damage. she doesn't deserve anything. Only the last child is 17 years now.

9. Why cant the lower court judge modify its own order, why it should not listen to me why the sessions court did not consider all grounds of appeal why majors given maintenance, how they entertained application under DV when there is no Domestic relation accordig her own affidavit stating that she is living with her parents since the year 2000.

Now summer vacation in high court. 

Why should I go to High court when the lower court has power to modify as the order itself reads.

What will happen in summer with FLW active

It is already 7 months since the sessions court dismissed the appeal. Can this delay can be condoned in high court after summer vacation

Why lower court passed FLW when I am paying without fail Rs3000 every month to my capacity without fail even for a single month.

Why lower court did not consider my objections to her FLW petition.

Please advise what to do in my case. I can not afford any lawyer

 



Learning

 6 Replies

Dr Martin Campbell (Doctor)     28 April 2016

Emotional questions and some more.  I need to see all the papers before commenting on your case.

kamal hassan   28 April 2016

Kindly advise against the information that is already provided. Best regards

T. Kalaiselvan, Advocate (Advocate)     04 May 2016

Why cant the lower court judge modify its own order, why it should not listen to me why the sessions court did not consider all grounds of appeal why majors given maintenance, how they entertained application under DV when there is no Domestic relation accordig her own affidavit stating that she is living with her parents since the year 2000.

You cannot question the court that cant the court do this or that

The remedy for this is appeal, in the higher courts.

 

 

 

kamal hassan   04 May 2016

What a judicial system that we have? Stand as a slave before a judge who can hardly apply his judial mind who is biased and uses his powers so arbitarily. British never wanted us to abuse the law that they imposed on us while leaving us physically but to follow their rules. The british left and Indians are enjoying manipulations wrong interpretations to favour their own parties.Judgments look without application of common sense, judicial mind which should be capable of incisive analysis. Doctors, Engineers who are the brilliants,toppers of the class ignored this profession, preffered Medicine and Engineering, and the left overs took charge and hardly apply mind to do justice but to maneuver to save their parties. 

I wish the British keeps judiciary still in their domain so that they can better judge between two Indians than the Indians with millions of castes, regional ,communal,and linguistic biased feelings. Political influence on transfers and appoint ments and judgments can not be eliminated in Indian judiciary.

Dana Kayoni (Expert Humanitarian and Lawyer)     05 May 2016

Abusing lawyers or legal system or judiciary is of no use. I give one simple advice.  First of all one should not get into a place where he or she ends up in court, why do something stupid and then end up ni court and abuse court system?  For you appeal is the only way out, or just go absconding, if you dont get caught, your wife cant do anything nor your children can.

kamal hassan   05 May 2016

Now there are two petitions from her.

One is for recovery of arrears as I have been paying Rs3,000 per month whereas the Ex-parte interim order from trial court order is for Rs11,000.- FLW ( Fine Levy Warrant ) is issued against Recovery petition.

I need to attend the main application proceedings, as there is no lawyer. The dates are same for both proceedings. If I go to attend one, there may be an arrest for the other.

Does it mean the Majistrate wants me to abscond ? How can I fight my case when there is warrant ?

Ex-parte order is in favour of two major sons. In favour of a woman who deserted me in 2000. My opportunity of hearing in trial court is due, but FLW passed for the arrears.

What sort of courts do we have ?  

Can I go to sessions court against FLW ? 

Best regards

 

 

 


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