Civil Procedure Code (CPC)

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house wife... (na)     29 October 2013

Plz see my case and advice,,,,

my husband files case against me and my family

in which he rights


i mean in summons

suit for permanent  injuction restraining the dafendants ,their agents,attornys,servants,etc from harrassing torturing ,defaming, mental physical cruelity etc to the plantif in any manner without any right or juridiction or malign reputation and dignity of planttifff by leveling false and derogatory allegations openly and publically knowingly and deliberatly and further threatning him in false cases

my ques are....

is it rcr case or mare defamation case

in this case he also write that he is ready to accept me as wifw.....

what does it all mean plz reply i need ur valuable suggestions .......plz tell



 16 Replies

Adv. Neha ( )     29 October 2013

It is a case of injunction for restraining the dafendants ,their agents,attornys,servants,etc from harrassing torturing ,defaming, mental physical cruelity etc to the your husband in any manner without any right or juridiction or malign reputation and dignity of planttifff by leveling false and derogatory allegations openly and publically knowingly and deliberatly and further threatning him in false cases. There might be few illegal things happened from your side which make your husband to file a suit for restraining all these things. better now attend the court hearings on merit.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 October 2013

adv.Neha suggested correctly.I agree with that suggestion.

T. Kalaiselvan, Advocate (Advocate)     01 November 2013

The above experts have given a suitable answer to your query. It is an injunction suit against you from harming him in any way as had been mentioned in the suit plaint and to restrain you or your people to cause any harm or damage to him or to his image, reputation, dignity and also restraining you or your people from lodging false cases against him before police or court. If he is ready to take you back, you go back to him instead of wasting time on such petty issues.

vinod (dkfjds)     01 November 2013

I had filed execution case and the Honble Court has ordered and directed the JDR to issue the revived licence and also directed the JDR TO file the memo by complying the direction by the next date of hearing . The JDR is a government body and nearly 4 months have passed but the JDR has not complied with the order passed by the Honble Court.instead of giving me licence they are offering me a revived plan and not the licence. What should I do. I am conducting my case party in person Ie. myself. Please guide me what should I do.looking forward for your reply

house wife... (na)     04 November 2013

what district court do in consideration part...??

jack (boss)     04 November 2013

Originally posted by : nobody

what district court do in consideration part...??

district court will consider the matter on evidences and witnesses and if you and your people found to be guilty of the above mentioned offences, the court will ask you to compensate for the damages done which the other party wants to claim.

LegalExpert (Lawyer)     04 November 2013

What makes your husband to file this injunction suit against you and your family?? Is it right that you and your family tried to malign the reputation and dignity of your husband by leveling false and derogatory allegations openly and publically knowingly and deliberatly and further threatening him in false cases. If the answer is yes then you made your husband eligible to file a divorce suit against you on the basis of mental cruelty and surely court will issue a decree in the favour of your husband.

house wife... (na)     05 November 2013

no sir its totally wrong we donot did any thing wrong or not even try to malign his reputation at all.bt since i m with my parents some of my relative uncles try to talk to him about to sort out our matter as a mediator.they just went to him to solve the dispute bt he on the other hand files false case ..we also not try to put false case.instead of that we even not file any type of case on him.its just he who want us to file false case on him and to end our mrg but i dont want to end it up ...even my all jewelory  other things,even my certificates are with him what should i do now sir ...after reading ur upper post i was so upset plz sir give me advice.i dont want to divorce him ...but he is trying to prove me wrong aso that he can take divorce easily ...what  should i do sir tell me....

Adv. Neha ( )     05 November 2013

@nobody one question to you “Do you want to live with a deadbody? If your husband is not having any feelings left for you then what are you expecting from your husband? The reasons for this adamant approach could be many. It could be his fault or it could be your fault or of your family or watever. The reality is that the situation has become irreversible.  

 

A marriage is a relation of emotions and affection and love. according to your recent posts I think nothing such things left in your relation as filing cases and counter cases will not going to tie this already broken relation again. If your husband has become adamant to divorce you and he is such a bad person then why do you want to have a relation with such a bad person? A big question mark?? You ppl are just wasting crucial time period of your life in courts and litigation.

 

My sisterly advice to you to file MCD if he agrees and live with dignity and respect for rest of your life as fighting court cases is not easy thing to do for a lady. This advice may seems bitter to you now but in future you will not repent for taking timely decision. Hope you will understand the real scenario.

 

 


LegalExpert (Lawyer)     08 November 2013

 

nobody I read ur case and few recent posts too.

 

 

 

Few questions to you:

 

1. Why do the uncles went as mediator not your own parents?

 

2 Are you sure that your relative uncles performed the task of responsible mediator and they didnt did any illegal activity like abusing, threatening or defaming or threats of filing false cases as mentioned in the case title or you sent them to threaten your husband?

 

3. Why should your husband file false case without any evidence or proofs? If he has evidences and proofs, then you and your family are in trouble.

 

4. After reading the title of the case, the case seems to be a genuine one to me. There might be some threatening or defamation done from your side as ppl dont even know that what they are doing in general might be illegal in the eyes of law. The same thing seems to be in your case too and if it’s true (you know better) then this might be a ground to file a divorce case by your husband against you.

 

5. you are saying that you have not put any false case or so, but in your own earlier post you mentioned that you filed a complaint in the police station against your husband to have a conselling .What a great place to have a conselling session. isn't it? Again a mental cruelity on husband. Another sound ground for divorce.

 

6. You said, "its just he who want us to file false case on him and to end our mrg" then it means you are accepting that your complaint is a false one. And if he is saying so then it seems that he has made up his mind to put an end to this relation only litigation process left.

 

Conclusion: You are rightly advised by Adv.neha that why do you want to live with a deadbody who has no feelings or emotions left for you and better file MCD as fighting cases in courts are not easy for a lady and good question too "If your husband is such a bad person then why do you want to have a relation with him".

 

After going through ur case, only option for left for you is Divorce as you cannot force your husband to live with you and not even any court can do so. You will have to get insulted in the courts and will have to answer some derogatory questions too if you go through the process of Contested Divorce as your husband is having good grounds to file a divorce suit against you if he already not done that. Start your life afresh and find a suitable match for you who respects your feelings and emotions and with whom you have a good understanding. It’s a matter of sentiments and feelings. Don’t spoil time, money and energy just to make your lawyer richer and don’t curse yourself as there are lot of couples in this world those didn’t have successful 1st marital relation but they had very good mutual understanding in the 2nd marital relation. Hope same might be true in your case too. All the best for starting your life afresh.

2 Like

house wife... (na)     09 November 2013

thanks .allmembers who gave a genuin advice its little bitter .....i wa

minaz dandhala (lawyer)     09 November 2013

You cannot be restrained from approaching Court or filing a court proceeding based on the facts and circumstances of your case. 

Your husband cannot seek injunction order on the basis of assumtion and presumtion.

It seems he has no case on merit, get his case dismissed as not maintainable under the law.

Or seek mediation for amicable settlement and removal of any misunderstandings or mistakes from either side.

house wife... (na)     10 November 2013

You cannot be restrained from approaching Court or filing a court proceeding based on the facts and circumstances of your case.

can u plz elaborate it more

Your husband cannot seek injunction order on the basis of assumtion and presumtion.

mam atleast u r one of that persons who are ny biasd towards only men

most of members of LCI are so.

It seems he has no case on merit, get his case dismissed as not maintainable under the law.

Or seek mediation for amicable settlement and removal of any misunderstandings or mistakes from either side.

can u tell me clearly how can i do it plz mam i need advice

LegalExpert (Lawyer)     15 November 2013

Minaz. Dont misguide the author of the post why she and her family can't be restrained. Court may issue an injunction order to restrain them from performing any illegal activities and harassing the oppenent party u/s 151 of CPC. I agree with you that the Court will see the case on merit not any assumption or presumption.


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