Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Arjun   10 May 2017

Memo to be filed

Dear Experts,

Wife filed false DV case. Due to my absence on one time, it was ex partied. I filed set a side petition and sent a copy to the petitioner's counsil through registered post, they refused to take it. Now, i want to file a momo, to allow my set aside petition.  Under what sections I can file the memo? Any citations we have?

Please Advice.

Thanks, Arjun
 



Learning

 4 Replies


(Guest)

No, Citations shall be provided

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 May 2017

A Temporary Restraining Order (“TRO”) is the first step in a domestic violence case. TROs are usually obtained through an ex parte court proceeding. Ex parte means the “plaintiff” (person claiming to be a victim of domestic violence) may ask for a court hearing without notifying the "defendant" (person accused of domestic violence).  

At the TRO hearing, the plaintiff may testify or bring in other evidence of domestic violence. There is usually a court reporter present who will record what is said. If the court finds sufficient evidence, it will issue a TRO against the defendant. A police officer or sheriff must serve (deliver) the TRO to the defendant within 24 hours of the hearing. 

A TRO prohibits the defendant from engaging in certain behaviors on a temporary basis. The defendant will be restrained from having contact with the plaintiff and prohibited from returning to his or her home if it’s shared with the plaintiff. In custody cases, TROs may also prevent defendants from visiting their children.

TROs usually expire within 10 days. In order to extend a TRO, the plaintiff must file a complaint for domestic violence, and ask for a full court hearing.

Arjun   10 May 2017

Thank you rama chary sir. This case is running from 1 year. I attended on all the dates.Her interim petition also dis missed. So pls suggest me, how to proceed to set aside the exparte order.

Mukesh sharma (job )     11 May 2017

Hello i agree  with Rama sir and you may take help in your case from Rama sir

 


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