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(Guest)

How to stop dv order execution

Hello Experts -

I was out of India for couple of months, during this period my wife filed a DV against me at Judicial FC Court. My child access petition and wife's subsequent divorce petition was going on at family court for last 2 years. Opposite lawyer and my lawyer were meeting in family court for child access petition and I myself attended family court thrice after coming back to India . I and my lawyer were totally unaware about DV case proceedings at Judicial Court. Wife produced ex-parte order in DV case at family court and a copy is given to me last week through family court. The DV order says I was "served the notice", but I was out of country and I did not receive notice from court. The DV order date is 3July. I have to get the certified copies from court to file appeal which will take 10-15 days.  Order says every month maintenance and rent to be paid.   Is it mandatory to have my ‘received signature’ acknowledgement or just posted the notice in mail(it might have come and gone back seeing locked door) is sufficient to mention "notice was served" in order? Can my wife initiate any police action/arrest using this order against me without any further notice ( for execution of the order)? My wife will base their family court further arguments on this order, will an filing appeal on this order can be used to counter those arguments in family court? What impacts will be there on family court decisions with this order?


thanks
 



 2 Replies

Never Give Up (Fighter)     25 August 2012

You should file appeal that you were unaware of the court proceeding. Also put copy of your passport which will have in / out stamp with date. It would be strong proof that you didnt receive the summons.

 

Upon satisfactionary arguments , ex-parte order would be set aside.

Adv. Nikhil Seth (legal consultant (9867264707))     25 August 2012

  If your wife has filed divorce case why has she filed for dv , in divorce she could have asked for temporary maintainance .Check the summons report who took notice on your behalf . That will help you to argue  for  setting aside exparte order .and check the roznama how many times matter was called out for the period you were not there and contest the case .


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