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Judge overlooked fact that I dont have home and issued FIR

Page no : 2

Tajobsindia (Senior Partner )     11 November 2010

Sujay

Which city u frm?


(Guest)

Sir,

 

I am frm a small town near mysore.  in the mean time before I say thanks for your suggestions.  The DV act judge has already issued FIR in my name for not obeying court orders.  I discussed the case with my lawyer and he has told we should be taking anticipatory bail.  What do you suggest about that.  BTW we have also gone for stay order in the sessions court against interim order given by DV act judge and that date is yet to come and has one month time as notice will be issued to the wife.

If I get anticipatory bail I suppose I would not be going to jail.  Please tell more about this.  What if I dont get anticipatory bail and what wil happen then? As I have heard and seen in the internet, I came to know that its one year imprisonment or Rs 20000 fine for not obeying court orders.  Please do give more suggestions about the same.  Thanks in advance.


(Guest)

After going through your posts , its clear that you have your own home where your parents are living now...then why are you living with your friends?...


(Guest)

Immediately after she left for her parents place, there was a big fight at home, most of it my parents were scared that she will put some police case, and that fear led to I being forced out of my parents home. BTW now DV act case judge has ordered for FIR which is now on the 25th of this month.  My lawyer wants to get bail for me.  Please do suggest if you have anything to offer as an idea.  Thanks in advance.


(Guest)

you are staying with your friends to get rid of probable police case by your wife

again you are not obeying court's order.

....Mr Sujoy, these two points don't go together!!


(Guest)

After making 3 houses for her to stay every time she ran away and her parents bought her back to stay with me.. do u expect me to provide another house for the fourth time just in a span of one year of marriage??? Anyway, the matter is now in the court, as I have applied a divorce petition and already paying interim alimony.  Please do suggest if any.  Thanks in advance.


(Guest)

Already divorce petition is pending the family court for the last one and half year and I am also paying alimony to her. in the meanwhile the DV  judge has given exparte orders overlooking all rulings of SC and HC of delhi. I just hope I get bail soon.

Jamai Of Law (propra)     16 November 2010

DV case.........................ex-parte order for concompliance ............and hence order to lodge FIR against you.......and not you want bail

 

Ex-parte order  and that too in regards to......... the wife's petition to 'take congnizance of 'non-compliance' commited by husband in regards to another previous order' .........

How come  ex-parte?.............Where were you or your lawyer?

 

Am I correct in getting the scenario?

 

 


(Guest)

thank God, the sessions court where we went for stay order as issued LCR and got all records from IIIrd FM court.  Now the only contention of the opposite lawyer is that I have not paid alimony but only paid litigatoin charges so far.  The opposite lawyer has also asked for reissue of FIR whch earlier issued by IIIrd FM court for noncompliance of orders by me, in such case now that the matter is in Sessions court will a further FIR be issued? Please do guide.. We have approached the high court for revision of alimony order under change of circumstances. in such case will the Family court force me to pay alimony immediatly in the next date?


(Guest)

Sir me and my lawyer present, as wife simply telling that she wants husband and that she wants to live with me, judge ordered like this without hearing our part of the story, ie after making 3 seperate houses within a span of 1 year  and also being to police station after wife lodging complaint against me, without looking into all that simply the judge told issue FIR for noncompliance :( btw now matter in in sessions court, and LCR done..


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