Sushil Kumar Bhatia (Advocate) 05 January 2009
Ravi Arora (Advocate) 05 January 2009
No sir, for that you have to approach High Court.
but i think you have sufficient means to proov that wife left her matromonial home without sufficient reason. and she is not eligible for this.
Rest if you give full information regarding notice, F.I.R, or any thing u ve done
i can suggest more
siddu (Advocate) 05 January 2009
It is the default of the wife that she didnt appeared before the family court inspite she too filed an application for restitution of conjugal rights. You may take contention that only to give harrashment to the husband by virtue of the Protection of women from Domestic Violence Act, 2005 as it has become the weapon for her to stand falsely before the Court against the husband only to give harrashment. you may succeed by producing the certified copy of petition filed u/sec.9, HM Act by his wife along with order sheet to show that she didnt appeared..
AEJAZ AHMED (Legal Consultant/Lawyer) 06 January 2009
Go through the following Judgment, may be helpful to You:
THE HON'BLE SRI JUSTICE K.C. BHANU
CRL. P. NO : 3714 of 2007
1. U.U. Thimmanna, Slo U. U. Ayyanna
2. U.U. Sankaramma, W/o U. U. Thimmanna
3. U.U. Sreenivasulu, Slo U. U. Thimmanna
4. U.U. Paramesh, Slo U. U. Thimmanna
5. U.U.Ramesh, Slo U. U. Thimmanna ..... PETITIONERS
High Court of A.P., at Hyderabad. ..... RESPONDENTS
consanguinity, marriage, or through a relationship in the nature of marriage, adoption
or are family members living together a3 a joint family."
call reported by the cornplainant after 26-10-2006. There is no dispute that the Act came into effect when the Central Government appoints 26-10-2006 as the date on which the Act was came into force. For acts of violence, certain penal provisions are incorporated.
I/ TRUE COPY N
Sushil Kumar Bhatia (Advocate) 06 January 2009
Thanx to all specially Mr.Aejaz for help ,but my case after the enforcement of DVA which has prospective effect .
AEJAZ AHMED (Legal Consultant/Lawyer) 07 January 2009
DEAR BHATIA, It's my Pleasure that, I am trying to respond to the Hon'ble Members for their querries immediately. Actually, I wanted to divert to your attention at following Para:
It's my Pleasure that, I am trying to respond to the Hon'ble Members for their querries immediately.
Actually, I wanted to divert to your attention at following Para:
" Admittedly, the de facto complainant filed a suit in O.S. No.111 of 2005, which is pending, She also filed a case in C.C.No.94 of 2005 under Section 498-A IPC, which is pending trial before the Judl. Magistrate of 1st Class, Yemmiganur. The domestic incident report does not disclose any of the acts of violence that were ( I think here some words are either missing or sentence is wrong) call reported by the cornplainant after 26-10-2006. There is no dispute that the Act came into effect when the Central Government appoints 26-10-2006 as the date on which the Act was came into force. For acts of violence, certain penal provisions are incorporated."
So, in your case also, there is no act of voilence from your side towards the wife, till Jan, 2008, and afterwards, as FIRST she was with Husband till Jan, 2008, then;
** Husband himself lodged FIR;
**Husband himself FIRST filed Petition for Restitution of Congugal Rights;
** Wife Filed Petiton Filed For Restitution of Congugal Rights;
** You recorded there your presence;
AND NOW, IN OCTOBER, 2008 SHE FILED THE PETITION UNDER D.V. ACT., with the allegation that " she was returned on oral compromise in sept 2008 and next day husband beaten her and she compelled by circumtances to left husband's house and made allegation of physical mental torture cruelty and demand of dowry etc " .
But your question is silent about this allegation, no explation from you;
** Whther the said allegation about joining of her on Oral Compromise is Correct or False one?
Whatever it may be, the said allegation is true or false, but you can " either move a Quash Petition/ Revision to Seek Stay of D.V. Act Proceedings, before your state High Court in the light of the above said judgement"
As per me you can get favourable Order from Hon'ble High Court.
Further, go through the following site: