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Anis (Asst. Manager - Sales)     31 August 2013

Magistrate changing his own order

Dear All,

In my DV Act case, the magistrate had passed an order of Rs.4,000/- maintenance and ordered me to provide alternate residence or pay Rs.2,000/- towards rent for residence. I arranged alternate accommodation and submitted the Leave & License copy in MM court and handed over the keys to my wife. Now her lawyer has submitted an application in MM court which is not filed under any section of DV Act and has prayed that the court should direct me to provide alternate accommodation to my wife near her parents house. It is just a general application.

Right now I have arranged alternate accommodation in the same area where I stay. But U stay in west side and the alternate accommodation in on the east side of the city and is far from my home.

My query is that I have complied with the court order. Can the Magistrate now change the original order and direct me to arrange alternate accommodation specifically near her parents home.

Is this application maintainable in the court of law as it is not filed under any section of DV Act.

Thanks & Regards,

Anis



Learning

 13 Replies

fighting back (exec)     31 August 2013

good query...even i am in the same situation, would like to know, but i would advise you, instead of taking the headache of arranging the accomodation,, paying the deposit, paying the light bill, maintainence, why dont u pay flat the rs 2000 because i think that will be cheaper, because anyway, you will have to provide her accomodation, that cannot be avoided, so why not pay 2000 and keep the headache away? just my opinion, would like to know others opnion too

Anis (Asst. Manager - Sales)     31 August 2013

I don't want cash to go in her hand. I have got a flat for Rs.2,000/-

Adv k . mahesh (advocate)     31 August 2013

it is a general application filed by the other side and that if arguments require and if you also object then only court will consider and reject and if the reason stated by your wife is to be considered then judge will enquire with you and you should show why you are objecting to show accomadation in that area like more rent, more expenditure which you cannot bear like issues you have to show with evidences and hear your salary constraint also will be considered in this matter and finally judge will pass another judgement 

Anis (Asst. Manager - Sales)     31 August 2013

But can the MM change his own order. Does he have the authority to do it. As far as I know, if a party is aggrieved by the order passed by MM then that party should approach Sessions Court. Correct me if I'm wrong.

Adv k . mahesh (advocate)     31 August 2013

here he has filed only application to here it is you to object and tell the facts and if you does not object the judge will accept the application and if he wants any change in the order then he has to go to appeal for next higher court i.e., sessions court 

Tajobsindia (Senior Partner )     31 August 2013

1. She / her side if wants accommodation as per her convenience - her chocie of location then based on last Order of the lower Court they should Appeal in Sessions Court which is what the procedural Law in DV Act says. Stick to this argument only.
2. Failing in above, you can also object then and there to their side's Application stating I can deposit 2 K into her stated bank a/c by 1st. of each calendar month provided she gives her bank a/c details here, and she can find residence in her choice location as due to DV complaint I fear not to go to her locality in search of a residence least she comes up next time with some addendum 'violence' statements.
3.
What I see here in this brief is that it was easy for you to get 2K residence in your locality as your locality is known to you. She cannot get residence probably in same money bracket in her locality thus she is indirectly agitating.   Be it so para 1 is what is procedural Law when The Act, 2005 strictly follows CrPC. But do cost analysis as if she goes for Appeal the Order will naturally change but then you have to pay your Advocate fees to represent you against her Appeal too for a simple resolution para 2 which can be done by same Magistrate as DV Act Rules also gives power to a Magistrate to make his own Rules. This Rule making by a Magistrate under DV Act is very vast. In one of my very detailed thread post herein the same Forum I think have had discussed each and every Rule(s) under The Act, 2005, you may refer to it instead of asking next question in haste.

1 Like

Anis (Asst. Manager - Sales)     31 August 2013

Thanks a lot for your replies

stanley (Freedom)     31 August 2013

 

When a court has passed an order the same has to be executed.The said court cannot cancel its own order nor can it modify the same . Your wife has to file an appeal in a appellate court against the order of the  trail court order which is in existence and the same  has to be  set aside by any Appellate court. your lawyer has to argue against the application filed stating the above reasons and pray for rejecting the said application .

Your wife has to file  any Appeal/Revision against the said order of the trail Hon’ble Court.  

B.N.Raja Mohamed (ADVOCATE)     01 September 2013

Sir, A magistrate cannot alter his orders once passed. If the order is prejudicial the aggrieved party has to move for appeal.


(Guest)
Originally posted by : Anis


Dear All,

In my DV Act case, the magistrate had passed an order of Rs.4,000/- maintenance and ordered me to provide alternate residence or pay Rs.2,000/- towards rent for residence. I arranged alternate accommodation and submitted the Leave & License copy in MM court and handed over the keys to my wife.

Now her lawyer has submitted an application in MM court which is not filed under any section of DV Act and has prayed that the court should direct me to provide alternate accommodation to my wife near her parents house. It is just a general application.

Now you ask judge to get you DC job, ie district commisioner job rightaway in a separate application which does not have any name or number of any act.


And I disagree wtih TAJOBS here.  Once you have made accomodation, she cannot ask accomodation in a particular area of her wish.


Remember beggars are not choosers.  She is begging.  She does not have the choice to choose, if she does, then you asking for DC job is also acceptable.


No need to pay her money separately into her account, if she ie your wife is not willing to stay at the place where you have made accomodation.

Right now I have arranged alternate accommodation in the same area where I stay. But U stay in west side and the alternate accommodation in on the east side of the city and is far from my home.

My query is that I have complied with the court order. Can the Magistrate now change the original order and direct me to arrange alternate accommodation specifically near her parents home.

Nahi.  No.  Magistrate cannot change his own order now that your lovely has come up with some foolish request now.  But on the contrary, if she is unwilling to stay at that particular accomodation which you have made, he can ask your wife to go for appeal in sessinos court or HC.  So the cat and mouse game starts again.  And my brother, let me tell you, nobody can force you to make another accomodation for her beside her moms house, and you also should be adamant here, stating to magistrate or judge [sessoins,if she goes for appeal] that boss its not possible.  I have made accomodation for her and I have done what court has asked me to do, I cannot take tajmahal on rent now that she does not like to stay where I have made accomodation. in open court you directly tell it to magistrate.




Is this application maintainable in the court of law as it is not filed under any section of DV Act.

Thanks & Regards,

Anis

498-must-scrap (Manager)     01 September 2013

Guys,

Please ignore "himat hain to ab id delete kar"  we are here for taking and giving Legal knowledge

Why Admin is not doing anything here for this this type Nude guy.
 

fighting back (exec)     01 September 2013

@vinay and others........this woman, who has a couple of fake ids too. is polluting the forum, due to which the Ld members are not able to exchange information and knowledge. she is abusing each and every member on each and every post in the forum, she has gone mad and barking like a dog on the street, dont know why the municipality not sending their dog squad to pick this mad and rabbies dog?:D

this dog is appearing in the forum and in every post and aimlessly barking and barking...then moves into a forum again barks and barks and goes to a new thread barks and barks.........and when tired "declares that she is going away, only to strart barking again the next  day at everybodys doorstep.............

request forum members to ignore the dog............

fighting back (exec)     01 September 2013

The way she abuses other members, just shows one thing, her husband has left her, because of her gutter mouth, no wonder she might have made hell of her own house, so pati ne toh use chod diya hai,,,,and she is so frustated, that  samaj is now spitting on her " pati ne chodi hui patni" that she has now gone mad and she is venting her frustration on other members here

kuch dino  baad woh aanpe khod ke baal pakad pakad kar  noch rahi thi, isliye shayad uske khud ke gharwalon ne bhi usko chod diya......the way the language she uses just shows what kind of backround she comes from

i feel pity on this woman...bechari pagal ho gayi shayad, jo aapne aap ko kabhi manager, kabhi lawyer/adovcate batati hai.......it is sad that ek ladki aapna dimag ka santulan kho baithi hai.........

I hope she atleast wears clothes to protect her modesty..........god bless you......shruti or whatever your name is..........bhagwan sabka bhala karta hai..tera bhi karega

YAH KOI AIRTEL KA SUBSCIBER HAI KYA? AIRTEL KA EK MINUTE KA 'om shanti om' ka clip dikha denge to shayad bechari shaant ho jayegi.....om shanti om


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