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Ravi (a)     19 September 2016

Dvc speed trial

dear all,

it's been more than 4 years and the DVC filed by wife is still at enquiry stage. can i goto high court to request for speed trial petition?



Learning

 17 Replies

Sachin (N.A)     19 September 2016

Why you want to waste your time/energy/resources to go for speedy trial. Every lady knows she will not get anything from DVC . Her only purpose is to harras you. Dont get more harrased by appealling.

Ravi (a)     19 September 2016

thank you but how long i have to run after court. i have to travel 1000+ KMs to the town to attend the hearings. sometimes i dont go. there should be some way to end this game of DVC so that i can get relief from legal system.

Sachin (N.A)     19 September 2016

Then dont go. Court will make you exparty let the court decide the matter and after that go in appeal 

A walk alone (-)     19 September 2016

DV is a civil cases. There is no need to go regularly. Your lawyer can handle in court your presence is not required regularly. Dont get more harrased by appealling. The way to end this game of DVC is MCD.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     20 September 2016

There are people who will suggest QUASH, speedy trial and what not but of no specific use.

 

and what you will acheive by speedy trial speedy CONVICTION.

 

Face the court boldly and agreesively . Say there was no domestic voilence so sase does not stand or a step furether there was no domestic relation ship and hence DV act is not applicable.

 

show all the records and we show  you the steps.

Ravi (a)     20 September 2016

i have all the proofs to show that i looked after her very well and there was no presence of domestic violence. moreover, her own admissions in divorce cross / 498a cross are in favor of me.

unless the trial proceeds, how will i show my innocence. i heard enquiry cannot stay more than 60 days after the first hearing. if it is true, why it has been more than 4 years in the current DVC case. doesnt it make sense to ask HC for speedy directions? 

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     20 September 2016

You seems to be adamant and have large ego and that is the problem with similar cases like you.

 

Your earlier attempt for speedy trial has failed at HC as per your own post.

 

So now take advice from SACHIN above and similar others on this site for SPEEDY TRIAL.

stanley (Freedom)     20 September 2016

@ author 

Are you attending your court dates regularly along with your lawyer is so . 

1. Can you state what exactly was happening on each of those dates .

2. Is the opposite party filing applications for prolonging the matter to next dates citing various reasons.

3. Have you given your say to her petition.

4. Have youll filed your affidivats 

5. Have you or her submitted any evidence so that the cross examination can start .

The above has to be filed and you can put an application that the opp party is proloning the matter seeking next dates in front of the same judge .The judge will take action once things are put in writing .  

stanley (Freedom)     20 September 2016

@ author 

Are you attending your court dates regularly along with your lawyer is so . 

1. Can you state what exactly was happening on each of those dates .

2. Is the opposite party filing applications for prolonging the matter to next dates citing various reasons.

3. Have you given your say to her petition.

4. Have youll filed your affidivats 

5. Have you or her submitted any evidence so that the cross examination can start .

The above has to be filed and you can put an application that the opp party is proloning the matter seeking next dates in front of the same judge .The judge will take action once things are put in writing .  

Ravi (a)     20 September 2016

@advoate trilok, have we met before? if not, how you decided that i am adamant and have large ego. does this mean all husbands coming to this platform are adamant and egoistic.

@stanley,

  1. i regularly attend the court date with my lawyer. my lwayer puts the absent petition if i remain absent
  2. Nothing. on each date, they announce another date.
  3. we filed our reply during the 1st year of DVC. 2 years she amended the DVC prayer and thal also we filed the reply petition
  4. Her cheif not yet started and getting prolonging.
  5. no evidence, that stage has not come yet

we did all those and my lawyer also mentioned in discussions with the judge. and hence my lawyer suggested to go for speedy trial.

Sachin (N.A)     20 September 2016

Originally posted by : Ravi
i regularly attend the court date with my lawyer. my lwayer puts the absent petition if i remain absent
Nothing. on each date, they announce another date.
we filed our reply during the 1st year of DVC. 2 years she amended the DVC prayer and thal also we filed the reply petition
Her cheif not yet started and getting prolonging.
no evidence, that stage has not come yet


we did all those and my lawyer also mentioned in discussions with the judge. and hence my lawyer suggested to go for speedy trial.

 

Dear Ravi,

 

The first stage of DVC is deciding the interim maintenance, and  as you said your wife is not comming first urged the court to close the opportunity of interim maintenance and if you suceed in doing this you won half victory then even if you dont go nothing will go aginst you because after that your wife have to prove every allegation even in your absence

stanley (Freedom)     20 September 2016

@ Author 

1. Change your lawyer he is fooling you .

2. How much is your lawyer charging you per date .To me it seems your lawyer itself is prolonging the case to  abstract more money from you .

3. If your lawyer is reliable and is present for the court hearing it is more than sufficient why should he himself mark you absent . He should as a matter of fact seek exemption for you from court hearing rather than marking you abesnt .

4. On what basis do you say that that stage has not come .Does it take 4 years for these stages to come ??

5. If she is not attending the case than state to your lawyer to file an application for your case to be dismissed .

Ravi (a)     20 September 2016

@sachin, my wife regularly attends DVC dates and she  filed interim maintenance in divorce (hma s24) and is enjoying the money. since multiple maintenance petitions are not allowed, she has not filed any interim. if i dont go, judge will make it exparte order in favor of her and all her allegations will become true, which i dont want.

 

@stanley, i already changed my lawyer. as per ecourts website and from case records, the stage is enquiry. she is attending the court regularly.

stanley (Freedom)     21 September 2016

if you have appointed a new lwyer than what is he doing .Secondly you are now suggesting in your above post that she has filed for maintenance in DVC if she has received an order under HMa 24 for maintenance file the certified copy of the order in the DVC . Mulitiple maintenance is not allowed .until and unless this application is clearred or rejected the proceedings will not flow further . Tell your lawyer to insist to the judge that both parties files their affidivats and that the cross must start  or else file an application for the same .


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