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498 A fighter (Advocate)     19 June 2013

Execution of sec09

It is an important query :

Husband  won sec09 RCR, he apply for execution of sec-09. Notice issued but wife side refuse to take notices. now judge is going to give order in that, what order we seek from judge so that he can order that only?[ the next order date is 26/06/2013]

Note: in execution of sec 09RCR only the property of wife can be mortgage but judge forcing to take back execution of sec 09 , here i request all learned kindly suggest what are the orders can we get in judgement.

if any one having citation over it please sent.



Learning

 14 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 June 2013

First of all without proper service of notice, the judge won't pass any order against the wife. In cases of execution of RCR decree the court will give another chance to the other party to obey the decree, but the judgement debtor cannot be forced to live with the petitioner. The court just tries to do councelling to make the JD obey the decree. And still if she does not obey and also if she cannot show sufficient cause for not complying with the decree then, it can be enforce against her property i.e attachment of her property or the court awards periodical payments of a certain sum to be paid to the decree holder as provided in law.

498 A fighter (Advocate)     19 June 2013

@ Adv Archana

Yes you are correct here ,i would like to clear that notices serve all the process is over now today the date for final order , then DJ told to advocate " kya sampati ki kurki karne se wife wapas aa jayegi, aap log case withdraw kar le mai divorce me dekh loonga" aap log scoh le next date is 26/06/2013 "

we are not withdrawing the case we stand on final order from DJ, now i want to know

kya humko show karna padega ki wife ki kitni property kaha hai?

agar nahi kar pate to DJ order kya hoga?

bus issi ke liye mujhe citation ,judgement or ruling chahiye thi agar apke pass ya kisi bhi LCI member ke paas ho to please dene ka kasht karen ya net par ho link dene ki krupa kare,

thanking you madam at least  your gave correct and quick response but please do guide me over here also , on above question
 

Adv Archana Deshmukh (Practicing Advocate)     19 June 2013

kya humko show karna padega ki wife ki kitni property kaha hai?

Yes, you will have to file her salary slip and property extracts.

agar nahi kar pate to DJ order kya hoga?

Kuch nahi........... the court will only councel her to resume cohabitation.

 

But what is the point in doing all this? Will she come back to you? Just file for divorce after one year and you will get it easily.

498 A fighter (Advocate)     19 June 2013

Originally posted by : Adv Archana


kya humko show karna padega ki wife ki kitni property kaha hai?

Yes, you will have to file her salary slip and property extracts.

agreed

agar nahi kar pate to DJ order kya hoga?

Kuch nahi........... the court will only councel her to resume cohabitation.

 she is not coming in the court she refuses to take notice or say talwana and now the last order situation arise today was the order date but DJ told us to think and date postponed for seven days that is for 26/06/2013

But what is the point in doing all this? Will she come back to you? Just file for divorce after one year and you will get it easily.

point is nothing we want the order such that it will help us in

[1]  false 498A filed by her [ no use here]

[2] child custody in future [ may be useful]

[3] though i won sec09 so no maitenance [ no clear idea]

[4] she is away from me last two years so no DV [ not exactly sure]

if any case left from girl side then please suggest,

i would like to mention one thing , i did best for her only porblem of her is ego , take her back after 498A and she send me jail then also i take care of  her during pragency during her hospitalisation , i did all duty when her father died but she use abusive language i may forget all but how can i forget she took my one month daughter with her and not allowing me to see her for 5 minute also, this is blunder misuse of law,and  social sympathy to girl etc so i m here to teach her lesson, or simply some one can say  revange but it is not revenge purely, as i have to save myself and i have to take my daughter back because she will adopt the same culture. one more thing i having five master degree and completing phd she is not able to provide my daughter with in suffiteint means as she have not good earning lot of things are there but court not realise and in court only wastage of time but being indian citizen every one have to follow or obey indian law and work accordingly any way coming to present topic i need citation for this ruling and judgement i m serching a lot ....

Adv Archana Deshmukh (Practicing Advocate)     20 June 2013

If you want the custody of your child in future then, apply for visitation rights right now. Otherwise 'in the future' your daughter may not even recognize you.

498 A fighter (Advocate)     20 June 2013

yes i agree with you but my advocate told these cases are useless, time consuming now only concetrate on 498A and dp4 these are charges fromed on me 10june13 here dp3 is drope i dont understand why it is droped ? i want to know it is useful for us as it is drope it help in defending dp4 or 498A i dont understand it till now , when i ask to lawyer he said dont apply your mind we are there to save you you have enough proof now SC also not punish you. please you guide me here

Adv Archana Deshmukh (Practicing Advocate)     20 June 2013

I do not agree with your lawyer's contention that these cases are useless, absolutely not. However, it depends upon how much you yourself value your relationship with your child. There are parents who do not care about visitation or custody nor  they are interested in meeting their kid on the contrary it is good for them if the child remains in the custody of and is taken care of by the other spouse. So if this is the situation then, its OK. Do not file anything. As far as criminal cases are concerned, why a certain section is added or dropped, it all depends upon facts.

1 Like

498 A fighter (Advocate)     20 June 2013

Originally posted by : Adv Archana


I do not agree with your lawyer's contention that these cases are useless, absolutely not.

you are correct but why he is delaying i dont understand actually he is my uncle no  he care lot for me so he always think about my benifit so no bad intention will be preasume from him but this leagal fact he is not sharing with me.

However, it depends upon how much you yourself value your relationship with your child.

i love my daughter very much but i m helpless against law firstly i m suffering form 498A second she is only 2yrs old otherwise i will kidnap her here i m handicap you can imagine only my values toward her.

There are parents who do not care about visitation or custody nor  they are interested in meeting their

i m helpless moreover my wife use abusive language so i am waiting for full fight either this side or that side last way to use muscle power becuse i cant sleep at night every moment my daughter is infront of my eyes.

kid on the contrary it is good for them if the child remains in the custody of and is taken care of by the other spouse.

she is taking care of her very well but she cant affort as i can, my wife have to look after hermother also she having two younger sister no father no brother, and where she reside no solid earning source now some people say hypotheticall "sabki jindgi chal jaati hai bhagwan ne pet diya to khane ko bhi de dega" but this is not correct if daughter having everything then why she had to suffer but our law or say her destiny.

So if this is the situation then, its OK. Do not file anything.

As far as criminal cases are concerned, why a certain section is added or dropped, it all depends upon facts.

no i ask this just there is mere allegation already on same i won sec09 in which DJ madam order"

pati na anavedika [my wife] ko mansik rup se pratadit kiya na shririk rup se anavedika ko adesh diya jata hai ki wo pati ke sath rahe anavedika ne 498A after thouht lagaya hai"

here also i would like to mention SP and ADSp gave the report that " investigatio officer is suspicious and in hurry to file the case against me , so it is suggested that diciplinary punishment action against her"

also collectore gave a letter to DPO that do the necessary process to withdraw the case , all the proof are attached but still the charges are framed against me. so this question arise.


 

 

Adv Archana Deshmukh (Practicing Advocate)     21 June 2013

There is no need for you to feel so helpless. If your wife has used a legal tool against you then you also have the legal tool available to get vistation to meet your daughter and file for custody when she grow up. There are many men who are facing 498A and other criminal cases and are yet in touch with their kids and take every legal step to ensure that they do not lose their kids. Merely saying I love my daughter without taking any concrete steps to see her is of no use. Bcoz once a kid is tutored against other parent, it becomes very difficult to bring the relationship with that child to normal, thats why I adviced you to file for vistation rights. You may obtain divorce from ur present wife, remarry and get other kids and forget this one, this is also one option. Choice is urs.

1 Like

498 A fighter (Advocate)     21 June 2013

Originally posted by : Adv Archana


There is no need for you to feel so helpless.

thanks for inspiring but man is really helpless this is the time of progress and he is involved in court police also he has to manage social reputation , his service, house everthing so how he concentrate at all posts.?

If your wife has used a legal tool against you then you also have the legal tool available to get vistation to meet your daughter and file for custody when she grow up. There are many men who are facing 498A and other criminal cases and are yet in touch with their kids and take every legal step to ensure that they do not lose their kids.

yes i agree with this, she uses abusive language and also hurt badly attack over the respect of man so to avoid more complicatotion i just avoid her path.so try to cover each obsatacle one by one.....

Merely saying I love my daughter without taking any concrete steps to see her is of no use.

surely i will take concrete steps,

Bcoz once a kid is tutored against other parent, it becomes very difficult to bring the relationship with that child to normal,

i am saying by words that i love her, jis bacche ko is duniya me laye use anath nahi chod sakte jhagda humara tha ya banaya gaya par bacche ko use hathiyar banaya so she will not be sapred for this.i will surely get my daughter back any how now yu can understand what ways i am indicating...... waiting for court decision / judgement and then there is another supreme court of god ,[ little bit hypothetical here]

thats why I adviced you to file for vistation rights.

I understood the importance of it so soon i am going for it.....

You may obtain divorce from ur present wife, remarry and get other kids and forget this one, this is also one option.

yes this is the option but it is also not so easy and fast time consuming and need undersatanding of new partener

Choice is urs.

yes choice is mine but i am here consulting you all as we all are coming into the the category of intellectual social by , choice is also run with the advice /suggestion of experienced people.

heartily thanking you for your kind attention please  keep guiding ..... thanks

Adv k . mahesh (advocate)     21 June 2013

here i want to tell one ting that is you had chosen a lawyer and he is at the judgement stage and also he knows every thing about the case and this forum will a plat form to learn and will solve you problems from one end that is without seeing the papers or version from one side only we will give you the solution 

so why your lawyer had said not now is the main concept to be analiyzed becasue he knows what step is to be done at what time (as you have chosen a senior lawyer to defend your case) may be you have to file visitation rights being right time as per our view and for the jugements you can search in different website like google, indiakanoon, supreme court of india site

498 A fighter (Advocate)     21 June 2013

yes maheshji i also undrstand his policy better be slow to win than by fast to lose till now he did best nd nice for me legakky but i become excited' as archna mam suggest child wont recognise me so file visitation so i told all this both are correct on their views

Adv Archana Deshmukh (Practicing Advocate)     22 June 2013

Ultimately u have to go by what ur lawyer who is actually handling ur cases decides for u. Any advocate on the forum is guiding you only on the basis of the little info provided by you and their own experience while handling such kind of cases.  I too did the same thing. I have seen some very very bad child tutoring examples bcoz of which the child-father relation was totally damaged byond repair. Thats y I insisted upon early child visitation, nothing else... and that was the only reason that prompted me to write the article 

https://www.lawyersclubindia.com/articles/Child-Custody-Importance-of-Interim-Visitation-Rights-5473.asp#.UcUmaDuellM

1 Like

498 A fighter (Advocate)     22 June 2013

@archna mam Yes i totaly agree vth u n i relize d imprtnce of it th8s y i convyed it 2 my lawyer we r wrkng like a team n any such point is discussed and studied i thank u lot 4 guiding over hareas we completely ignored d imotiom during legal fight

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