Civil Procedure Code (CPC)

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(Guest)

Need advise on nbw against wife & other pws in 498a

In 498a case, wife is not giving her evidence while charges were framed 2 years back. She is not even coming on courts dates, I approached to HC and got the direction of expedite hearings. But she doesn't bother again consecutive 4 dates she remains absent, then court has issued BW against her & other witnesses, But unfortunately I only come to know about BW on last date so can't able the execute the BW. On last date she again not present then court has issued NBW against all witnesses but after lunch she appeared and signed the order sheet mentioned her name (Complainant). In this scenario, can NBW be issue to her and other witnesses. please advise.



 17 Replies

Suri.Sravan Kumar (senior)     29 June 2016

since the court already issued NBW against her and other witness they have to file recall petition

Sudhir Kumar (Dy Director)     29 June 2016

if she is not keen to get you punished then why should you bother.

you should have pleaded for dropping such witness

SP Singhss (Engineer)     01 July 2016

Pursue your case with vigour and intensity, if your wife is not coming to court then it means she is delaying the case and do not have any evidence to plead her case and make you guilty, yourself asking for NBW to be issued to the girl will put pressure on her

Sudhir Kumar (Dy Director)     02 July 2016

It may be better for you to take advantage of her absence rather than pressing for her presence.

 

Better concenterate on your defence.


(Guest)

Thanks for your valuable advice

Sudhir Kumar (Dy Director)     03 July 2016

At present in this case she is a mere witness and her absnece from court will help you  to refute the chargtes.  The complainant itself is not serious in proving charges.  It is a good oportuinity for you and you  must encash it.  Do not let your attention disctracted. 

 

Your first priority has to be that of securing actuittal and that too as early as possible.  Therefoere do not take any step at least at this stage which prolongs case against you.

 

You should secure acquittal then you are no mor eaccused and no more obliged to attend court on every date and no more carrying any tension.  Thereafter you can consult your advocates to take any action feasible against her. If you  file such case later she is at receiving end.

Rajendra K Goyal (Advocate)     03 July 2016

Dear Adv. Gonjare,

Request to avoid personal remarks, try to be nice and have decency while commenting.

Sudhir Kumar JI is very senior for this forum, your remaks has pained me.

You have given your comments, also Sudhir Kumar has given what both thought most appropriate and beneficial.

We may or may not agree with the comments of any person our tone should be nice.

Again request to keep mutual respect.

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     03 July 2016

I condemn the attitude of learned Advocate Mr. Gonjare.  This type of behavior, sarcastic, blatant and unnecessary remarks on our senior colleague great gentleman expert Mr. Sudhir Kumar is unwarranted and unbecoming on your part.  You should restrict from passing personal and hurting sentiments on any individual.  His opinion was for the query raised by the author and not against any individual personally.  Everyone have give rights to express their opinion, but nobody has any right to defame anyone by their personal attacks on an individual that too in public. Any feud or dispute between two persons can be settled in private and not through any public forum like this which would damage the name, fame and image of an individual and bring disrepute to his reputation.  As an advocate you should not have indulged in such personal attacks on the learned expert Mr. Sudhir Kumar for any reason, you should refrain from indulging in such acts not only against this gentleman but against anyone of this forum. please respect others freedom of expression

1 Like

Dr J C Vashista (Lawyer)     03 July 2016

I fully agree with experts Mr. Rajendra K Goyal as well as Mr. T Kalaiselvan and appreciate condemning remarks of Advocate Mr. Gonjare, who has no authority to speak a single word against any of the experts including a very senior and respected expert member Mr. Sudhir Kumar.

 I strongly condemn his sarcastic and unnecessary remarks. Mr. Gonjare must not repeat such unethical, unwarranted and ridiculas remarks.

I request Advocate Mr. Gonjare to seek apology from Mr. Sudhir Kumar ji. and advise him to  learn to earn respect reciprocal.

Kumar Doab (FIN)     03 July 2016

 

I concur with the views of LCI senior Experts Mr. Rajendra K Goyal, Mr.T.Kalaiselvan, Dr. J.C.Vashista.

 

The comments of member Adv. Gonjare are:

 

"Please ignore Sudhir Kumar, he advocating all over forum for people living forever fear of wives. He seems having daughter who filing false 498a and now sitting home.'

 

Member Adv. Gonjare has not just attacked senior LCI Expert Mr. Sudhir Kumar but his family and is particular daughter of senior LCI Expert Mr. Sudhir Kumar.

 

This is condemnable and abhor-able and intolerable.

 

Senior LCI Expert Mr. Sudhir Kumar has not returned the same treatment to Adv. Gonjare.

 

If Senior LCI Expert Mr. Sudhir Kumar decides to do so we shall be standing by Senior LCI Expert Mr. Sudhir Kumar at any forum for as much time.

 

WE are taught since our birth to respect daughters.

 

WE are here for years spending our hard earned monies and precious family/personal/work time to help the querists, seeking free advise.

 

WE have remained gentle and courteous to the needy ones that include woman and daughters,  who come to LCI seeking first/second/repeated opinions and we have rendered detailed, illustrated advise and in some cases prepared full plaint for the querists.

 

There are unlimited number of querists and even young and seasoned lawyers that have posted that they have benefitted from untiring, selfless service of LCI Experts.

 

Then why should anyone resort to such derogatory, defamatory, indecorous conduct like the Adv.Gonjare? 

As unanimously decided by Experts, Adv. Gonjare should apologize to Senior LCI Expert Mr. Sudhir Kumar and LCI Admin should share full contact details of person that has committed abuse and Act, as decided.

 

 

 

 

 

1 Like

Kumar Doab (FIN)     03 July 2016

While we get cultured and thankful querists in many threads , that is indeed motivation for the LCI experts that are doing selfless service by rendering free advise.

 

We also get occassionaly Indecorous persons posing as Experts and resorting to Derogatory, Defamatory language against Experts.

 

This deters to do any selfless and free service and or to render quality advise.

 

This is time to ask the members and querists to criticise, condemn such persons in all threads and before LCI Admin also.

 

 

Go thru:

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=139272&offset=1

 

Post your comments and stop the abuse against senior LCI experts.

 

1 Like

JustAdvisor (IT)     03 July 2016

Well...I guess there may be a difference between learned and cultured!
1 Like

Kumar Doab (FIN)     03 July 2016


(Guest)

It seems the advocate with unwanted derogatory comments has already fled away by getting his account deleted. Probably he was mistaken, as if Ashok Choudhary's case was of his own, assuming that Mr. Sudhir Kumar has misled him. He didn't enjoy any right to make derogatory remarks against Mr. Sudhir Kumar or to asvise others to ignore his advice. It was the sole discretion of the querist to follow or ignore advice of any expert.

 

But, I feel, even the querist, himself being an advocate, has posted the problem of some of his client, not of his own. Of course, he can get advice from his fellow members, if he feels any difficulty in tackling his client's cases, but should also have sincerely disclosed the fact whether the problem related to him in person or to his client..

 

SUPER SPECIALTY SERVICES FOUNDATION (INDIA)

 


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