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akshaykumar (unemploy)     09 July 2016

How to reduce interim order dv act

Hello

I am facing dv case and crpc 125.

fact is She was a quarrel in a small thing in the house on jul 2010. Because she want to be separate from my family . then next day she Collaborating with my jijaji and my my jijaji came in our house and beaten to me and my old age father with threaten and bad abusive words. and she went with my jijaji without our permission on her own will .

Then we had done efforts for compro but she was not consider and she Was weighing on false accusations on us. and she was put condition that to make my father's property on her name.

she had done cases on me in dec 2014 after 5 years .in cases she had done all false and dirty allegations on me and my old age father that they were abusive and beaten me, put out of house and had mention that she had no source of income and respondents have 40000/- of income respondents father earning 10000/- from accountant job and they have rent income etc..  fact is that i am unemployed from last 4 years and i have no income and she is doing job from last 5 years. my father was retied person 76 years of age. she was bcom, i am 12th pass. she left matrimonial house on her own will with my jijaji as per above mention eventually. all these we mention in our reply with some evidence (her epf statement, our compromise efforts letters and document etc.., )

in dv case she asked for interim maintenance and court had passed order of 2000+1500 in apr -2016 from application date sep-2015. Then in next date judge was absent. now next  date in next week.

 previous week In crpc 125 case  I had completed cross examination of her without lawyer in that one’s again she done false allegations on us to hide facts without any evidence.  And she had not submitted any evidence in court in favor of her cross examination affidavit. So any domestic violence not proved as per my logic.

 I had submitted some evidence in my favor (1) her epf statement (2) how she left our house with my jijaji as per above mentioned (2) efforts of compromise letters etc.. .. I had also submitted application to summons her present and previous employer with necessary documents.

In cross examination she had excepted that she is doing job in so and so company, her salary is 9000/- and diwali bonus was 6000/-, she goes for job in active scooter, her previous employer was so and so, her job time is 10.45 to 7.00 , she had not any proof of respondent income and he is doing so and so business, epf is deducting from her salary, respondents take care of medicines when she was pregnant, respondent was happy when daughter was born, , respondents take care of medicines and education of daughter, respondents had done efforts for compromise etc..

So kindly request you please guide me for next stages in both cases because now I am facing cases without any lawyer. Thank you in advance

Now question is that in next date in dv court                                                                                                                                          (1) can I do any application for  reduce /stay / cancel interim maintenance order in dv court on basis of crpc 125 case cross examination and my evidence ?                                                                     (2) can I do any application for cancel dv case on basis of crpc 125 case cross examination and my evidence ? (domestic violence not proved)                                                                                      (3) can I do  application for summons to her employers for her extra details ? (already I had done this application in crpc 125)                                                                                                                   (4) if i submit crpc 125 case cross examination and my evidence details  in dv court  how much minimum amt to pay for interim order? (I had not paid any amt )                                                          (5) can i do her cross exam in dv case (she had already put same affidavit in dv case as in 125)          (6) can I do application for visiting rights of my daughter?                                                                    (7) what futher efforts to do from my side in my cases and next stages as per expert opinion?

Thanking you in advance for proper guideline.

 

 



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 2 Replies

Khush   12 July 2016

as she filed dv case on after 4 years, u should have contested it strongly and get it quashed because 4 year separation is long long period. 

just file revision applicaiotn with all proofs, her maintenance will be revised

akshaykumar (unemploy)     17 July 2016

yesterday in dv court in morning 11.00 am she gave application for recovery and arrest warrent.we paid 5000/- and submitt application request for payment in installment cum modification interim inmaintenance order on the basis of cross examination report of family court. and also submitted our best evidence stated that she want to be separate from my family . then next day she Collaborating with my jijaji and my my jijaji came in our house and beaten to me and my old age father with threaten and bad abusive words. and she went with my jijaji without our permission on her own will.her lawyer accept evidence not raise any objection.

then we ask for cross examination. dv court call us at 3.00 pm afternoon.we went but due to some administration reason court gave next date at 5.00 pm (at that time board clerk call to her lawyer alone and said please note this type of objection and take note of objection on my best evidence then i asked what objection is made but he said later)

so why board clerk interference in my best evidence and call her lawyer for note objection as board clerk wish. when her lawyer had not shown any sign for raise objection. 

so what to take next steps please guide me. thanks in advance.


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