LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

Please answer immediately

Hello there,

I have filed a DV case against my husband 4 months back . Since then they got stay from HC.,

My questions here are:

1) Usually How long will it take to vacate a stay order at HC ? I want to know this becoz my lawyer always says it takes long time to vacate a stay petition,.

2) They are threatening me to withdraw my DV as they have political support and abusing with words to my parents,so what should i do  now?

3) They invited for talks in their hometown,we have chosen a place which is near to their home.My relatives and I am planning to go for talks. Do we need to submit any application at the nearest ploice station beforegoing?

4) They are asking for only divorce,and we are asking for rejoin. The guy deserted me and left to US,so he is not going to be in the talks live, but will be on confernce call.So if they ask for mutual consent divorce, he should be in India . Am i correct?

5) They are saying that they have recorded my conversations right from the engagement and even after marriage and they are scaring me that they will produce them in court. Is it fair to record wifes words before marriage. He was with me for only 3 months and messed up total life.

6) Is recording the words a human right violation? Is there no privacy in between couples?

Please answer my question as soon as possible as time is running out and we are leaving for talks tommorrow..



Learning

 11 Replies

Arup (UNEMPLOYED)     01 September 2010

1) Usually How long will it take to vacate a stay order at HC ? I want to know this becoz my lawyer always says it takes long time to vacate a stay petition,.

-AT COURT, MOVING OF A PETITION DEPEND UPON THE PRESSURE , CREATED BY THE PARTIES. YOUR LAWYER MAY NOT BE FAIR AND MAY ESTABLISH A CONNECTION WITH YOUR OPPONENT.

ONE OPTION IS - STRAIGHT ATTEND THE COURT AND TELL YOUR PROBLEM. THE COURT IS AN OPEN COURT. AS YOUR CASE IS THERE, THE JUDGE MUST HEAR YOU. 

Arup (UNEMPLOYED)     01 September 2010

2) They are threatening me to withdraw my DV as they have political support and abusing with words to my parents,so what should i do  now?

- IGNORE IT, TILL IT IS WITHIN TOLLARENCE. REPORT TO POLICE IF GO BEYOND THE LIMIT.

AS YOUR CASE AT THE COURT, THEY COULD NOT DO ANYTHINGH.

Arup (UNEMPLOYED)     01 September 2010

3) They invited for talks in their hometown,we have chosen a place which is near to their home.My relatives and I am planning to go for talks. Do we need to submit any application at the nearest ploice station beforegoing?

-  YES, IT IS WISE. BUT DO NOT TAKE POLICE ALONGWITH YOU, THIS WILL CREATE DISTURBANCE AND SUSPITION.

Arup (UNEMPLOYED)     01 September 2010

4) They are asking for only divorce,and we are asking for rejoin. The guy deserted me and left to US,so he is not going to be in the talks live, but will be on confernce call.So if they ask for mutual consent divorce, he should be in India . Am i correct?

-  WHICH MEANS, THEY WANT MUTUAL DIVORCE, AND YOU RCR. NOT NECESSARY BUT HE HAS TO COME INDIA ONCE.

Arup (UNEMPLOYED)     01 September 2010

5) They are saying that they have recorded my conversations right from the engagement and even after marriage and they are scaring me that they will produce them in court. Is it fair to record wifes words before marriage. He was with me for only 3 months and messed up total life.

- IGNORE IT AT THIS STAGE.. BUT THESE ARE ADMISSIBLE UNDER EVIDENCE ACT.

Arup (UNEMPLOYED)     01 September 2010

6) Is recording the words a human right violation? Is there no privacy in between couples?

- NO. THERE IS NO SUCH ACT AT PRESENT. 

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     01 September 2010

1) Usually How long will it take to vacate a stay order at HC ? I want to know this becoz my lawyer always says it takes long time to vacate a stay petition,.

A STAY CAN BE VACATED GENERALLY BY MOVING PETITION OF URGENCY BY MENTIONING ON BENCH OF CONCERN JUDGE NORMALLY LUNCH MOTION/SPECIALLY MENTIONED/MOTION LIST ETC.,

 

2) They are threatening me to withdraw my DV as they have political support and abusing with words to my parents,so what should i do  now?

YOU CAN FILE A CRIMINAL COMPLAINT  IN THE CONCERN POLICE STATION.

3) They invited for talks in their hometown,we have chosen a place which is near to their home.My relatives and I am planning to go for talks. Do we need to submit any application at the nearest ploice station beforegoing?

IN DV CASE U CAN TAKE THE NGO/PROTECTION OFFICER HELP TO RESOLVE ISSUE ALONG WITH RELATIVES AND MIDDLE MAN.

THE NGOPO CAN ASK POLICE PROTECTION.

4) They are asking for only divorce,and we are asking for rejoin. The guy deserted me and left to US,so he is not going to be in the talks live, but will be on confernce call.So if they ask for mutual consent divorce, he should be in India . Am i correct?

THIS IS THE ISSUE U AND YOUR FAMILY HAS TO DECIDE I.E DIVORCE /JUDICIAL SEPARATION OR RCR

5) They are saying that they have recorded my conversations right from the engagement and even after marriage and they are scaring me that they will produce them in court. Is it fair to record wifes words before marriage. He was with me for only 3 months and messed up total life.

THIS IS VERY DEFFICULT TO PROVE IN FAMILY MATTERS. IT IS THE CASE OF PREJUDICE ABOUT YOUR CHARECTOR. WITHOUT YOUR PERMISSION VOICE  RECORDING IS ALSO AN OFFENCE.

6) Is recording the words a human right violation? Is there no privacy in between couples?

IT COMES UNDER VOILATION OF FUNDAMENTAL RIGHTS UNDER ART 21 OF INDIAN CONSTITUTION.

Please answer my question as soon as possible as time is running out and we are leaving for talks tommorrow..


var addthis_config = { services_compact: 'orkut,facebook,twitter,linkedin,yahoomail,gmail,hotmail,google,googlebuzz,more' }

1 Like

(Guest)

Thank you so much for your answers Arup and Reddy Ji.

Reddy Garu ,i tried sending you a private message ,but i couldnt find  the option for it. Can I email you with my case number in HC hyderabad and will you look into the case if possible and suggest me how I have to proceed?Becoz they extended the stay since 3 months and again got an extension for another 4 weeks.Please let me know if I can wrte the details to you.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     02 September 2010

MY EMAIL I.D ----ponaka2008@gmail.com, I CAN HELP IN FILLING WVMP FOR VACATE STAY.


(Guest)

Dear Reddy Garu,

What is the maximum time you take to vacate the stay at HC AP?I have also mailed you an email. Please check


(Guest)

Forum posting rules says:

Do not Advertise (direct or surrogate) or spam on the forums or through Private Messages. Lawyersclubindia is for personal use only. If we find you trying to sell products or post advertisement links on the forums or through Private Messages, your account will be permanently banned.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query