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(Guest)

Judge overlooked fact that I dont have home and issued FIR

Judge has overlooked that I don’t have property of my own and that I am staying with friends for the past so many months and cannot accommodate wife.  But judge issued FIR for noncompliance of court order under DV act.  Anybody out there could you suggest any solution?



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 24 Replies

Arvind Singh Chauhan (advocate)     08 November 2010

Husband is responsible to provide her residence whereever he resides according to definition of shared house as laid down by honourable courts.

2 Like

Suchitra. S (Advocate)     08 November 2010

So, do you mean to say, you were living with your firends and so, could not accomodate your wife there? Where were both of you living after your marriage?

2 Like

Suchitra. S (Advocate)     08 November 2010

I wonder how a woman married you while you are not employed anywhere and have no home to live...  !!! And now filed a DV case against you for her shelter...  !!

1 Like

(Guest)

if you can't provide even a space to a your wife why you got married?It's her right to stay with you wherever you live and you must give her the same.Wife is not a thing to use when you need her or throw her away when you don't need.

2 Like

Tajobsindia (Senior Partner )     09 November 2010

@ Author,

While agreeing to three ld. advocates takes plus a aam adami’s wise comments my further takes to your situation (I think you are acting smart here!) are as follows;


  1. Your adv. or you yourself has misrepresented your side of facts in negative way before MM Court to receive wrath of shared household as interim protection order.

  2. Least in cases after marriage when wife left and you having no job and sustaining your residence with friend’s scenario you should have offered voluntarily “Govt. Shelter Home” status to wife since she filed DV and it is not-productive to live with criminal husband stance. However, this point your side missed arguing thus there is clear violation of residence protection order. For such list of Homes you need to approach under RTI or as in person concerned Social Department of yoru District. If you find this pain in sweet places then offer equal monetary compensation (which I call temp. end of all sweet pains in sweet places of a husband under DVA).

  3. Now to bail you out you have few time tested limited options (read it as genuine solutions from a husband side);


    (a) Offer before the same Court a sum of Rs. 2000/- pm as residence to wife as offer statement from husband (accused side).
    Reasoning: You are able bodied and inferenced by Court to come under minimum wage act i.e. Rs. 4,500/- hence you being able bodied can be asked to shell out Rs. 2000/- pm towards separate residence for your wife till final Order under DV after evidences from both sides are cross examined / recorded.


    (b) Approach Appellate Court and file Application U/o 26 Rule 9 R/w S. 151 CPC and another Application U/o 39 R 1 & 2 R/w S. 151 CPC for appointment of Local Commissioner (LC) to verify your residence status as well as no Job (income) status respectively and let the LC report be filed before NDOH. The second Application is for restraining wife to enter into your friends home where you are sustaining and is a interim status quo option. Mind it here you need to bear the expenses of Court appointed LC which are proportionately falling under Court Fees Act reasoning of fees wise and showing fair cause (status) the right Fees to LC could be set by the Court. All these need effective technical pleadings though mind it!
    Reasoning: Since Residence Orders under DVA are interim prime facie Orders your side has not been given chance to bring evidence / offer to voluntary cross examination yourself about no residence to call domicile of as well as no job to call income thereto hence above two application sustains moreover at appellate Court not at Trial Court is my limited view. Why I suggest CPC because DVA is civil though un-constitutionally run (procedure wise) using CrPC The Code for which a Writ is pending before Karnataka HC!


Discuss above (only) options before you currently available with a better advocate and act accordingly, I am confident you will succeed.


BTW, "for an Advocate the biggest success (read happiness) he derives is when he sets his client free from the gallows"; I hope atleast Prabhakar (probably reading my reasoning) will agree to this much and may prefer to ignore rest of my perceptions (philosophy as you Sir quite often refer them to whenever I gave apt solutions to victims of Gender biased Laws here)
J J J


Amen…...............

2 Like

Jamai Of Law (propra)     09 November 2010

tajobsindia ji and all above ld. lawyers are correct.


(Guest)

Sir, family court case is already pending since the last 2 years and after that now DV case registered and judge without hearing anything simply ordered for wife to be put up at my parents house where before I was living.  I am already paying IA in family court.  All other rulings of delhi HC and supreme court have been ignored totally, that’s the most saddest thing of all of them.  But thanks all for giving suggestions.  Will speak to my lawyer about this.

manjit kalra (system eng)     09 November 2010

Tajofindia has so much experience , he knows more practical magic- tricks than so many learned ppl. thats why someone on this site commented they (siff) can make anyone rehdiwala , sabjiwalaetc and prove it too . i myself saw two diploma engineers proving themselves as welder and rehdiwala (plastic buckets etc repair) .

at the end it is a legal site but people teach here black-magic and great indian rope-trick too.

Tajobsindia (Senior Partner )     09 November 2010

@ Manjit


Your comments to me are WRONG. Tell me where in Law it says that able bodied wife with PG and higher qualification should sit ideal when so many litigation she has filed on her husband and whereas a able-bodied husband of her after loosing everything (job / home / social status) should be PAYING COMPENSATION COST TO THE SAME WIFE !


Also tell me where in Family Law from 18th. century (its genesis) onwards it says that wife has only RIGHTS and no DUTIES ? Also read past 50 messages asked by WIFE's here int he forum have any one of them said a line about her DUTIES performed to her husband and or in Laws, that is the crucial family harmonious link which is intentionally overlooked when suit on the floor of Court.


Well, to give you a straight answer, it is the same teaching (read it as wake up call) which lots of able bodied wife taught to atleast 2% of Indian mens / Indian husbands which is rebutted back in legal platter (read contesting her legal rape) to HER. No black magic it is simple practical "EQUITY" before Law which SIF kinda .org and prudent minds teaches a general public.


This site will not give practical gyan simple reason being you are asking practical gyan from a professional advocate and remember 'charity does not always begin at home' ! I will never blame ld. advocates here for not imparting ‘practical gyan’ to general public just for the simple reason that they are professional and have sweated a lot to come to this stature and moreover it is also un-ethical to take services of professionals - free of cost !


Well, next time before commenting to me kindly re-read the same gender biased family laws throughly and also look around what highly qualified wife makes of a highly qualified s/w eng. all about at the end of the day (read in society) and then we will talk more on "equity before Law" principles which for you is black magic J J J J J J J

1 Like

manjit kalra (system eng)     09 November 2010

also u can manage LC to prove that u sell sabji , chole on road and barely earn to feed urself. this is all practical Gyan. if u want to avoid manitenance join SIFF, they help these rehdiwalas by enumerating their expenses.

Q to one such rehdiwala(ill fated M.A.) in court :
  original situation

HOW MUCH U EARN IN A DAY FROM REHDI

sir rs 150

why cant you pay out of it to your wife

sir MCD wale rs 50 lete hai and rest 50 to local police walas.

 

result maintenance denied to able bodied M.A. wife

so Practical Gyan le, no advocate will teach u practical Gyan , join siff and learn the art of successful rehdi business.
 and then say  ALL is WELL.

thanks to tajobindia , he is doing a great service to the nation. i salute him.


(Guest)

Dear sir,

 

As of date the judge before going for a 2 month leave has told that he will ask for issue of FIR for noncompliance of court order.  I am still to get the copy of the order sheet.  I have heard that for disobeying court order of not taking wife with me where I stay (Right now I am staying with friends ie over the period of last 2 years since the date of myself filing divorce application)  The judge has over looked all the rulings of HC and supreme court and simply has given exparte order for wife to be placed wherever I am staying.  I have told the court a number of times that I don’t stay with my parents anymore and that I am living separately with friends and the police search record is also there saying that I don’t stay there but only my parents stay there.

 

My question now is:

What will be the sentence of the judge for noncompliance of order.  As I heard its one year imprisonment or 20000 fine.  If I somehow make arrangements to pay fine will the court accept? or as our friend here said will the court accept if I am ready to part with rs 2000 per month towards maintenance charges of wife as wife has claimed that she does not have a home and that she is homeless while in reality she stays in a 100 x 100 house and has  a coconut and jasmine plantation business all of which are run by her brother and enjoyed by her.

 

Why is the judge not taking into consideration the fact that I have already applied for divorce in family court and that I am already paying alimony there to her. Still why does the judge want to send her with me?

 

Thanks for all the replies in advance.

Avnish Kaur (Consultant)     10 November 2010

she is a wife even after divorce and you have to pay for it unless she remarries after divorce.
 

hedevil hydraheaded (non professional )     10 November 2010

Wife even after divorce? Avnish ji, can you explain it little more?

Avnish Kaur (Consultant)     11 November 2010

for purpose of maintenance u/s crpc  125 a wife is a wife for life whether divorced or separated, she can claim maintenance from any of her previous husbands unless shes married at that moment.

only requirement being :

1.factum of marriage is not in question,

2.not living in adultery( living in adultry means adultery as a long standing habit not once or twice)

for details read sec 125.

2 Like

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