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praveen (Electrical Engineer)     01 April 2016

Pw1 (wife) cross examination forfeited by magistrate

Hello Experts and Friends,

In Domestic Violence Case Interim order has been passed by the Magistrate 3 months back i.e. 2016.

1. In order magistrate as mentioned saying that every month on 10th I have to pay wife Rs:7000.

2. I am trying to pay Rs:3000 every month on DVC dates. But my wife is rejected to take the amount, the same has been mentioning by magistrate in the docket that accused is ready to pay the money but petitioner is not willing to take it.

3. Mean while opposite lawyer has filed Arrears petition saying that husband as to pay arrears from date of application filed. I filed counter to the petition of opposite lawyer.

4. But today that is March 1 2016 magistrate as asked me to pay the full amount other wise she do want to give permission to cross examination PW1" i.e. Magistrate told she will forfeit the cross examination until arrears payed to wife by husband.

5. Magistrate given me time to decide wheather I am paying full amount or not, after discussing with my lawyer I told I am not ready to pay full amount, because I do have job and each time I am trying to pay 3000 rupees.

6. Magistrate (Clerk) after 20 minutes called my name, asked whether I am paying or not... my lawyer said to court I am ready to pay the maount of rs:3000 every month so magistrate did not listened to my lawyer and magistrate as order in DVC PW1 cross examination is forfeited, call for further evidence.

7. At this moment what I have to do? I am ready to go for the appeal in sessions regardining this cross examination. If I pay the full amount then only Magistrate gives permission to cross examination.

Pls experts and friends what I have to do at this moment.

Thanking you in anticipation


 7 Replies


praveen (Electrical Engineer)     01 April 2016

Hi Balachander sir, I am from Hyderabad

Mukesh sharma (job )     02 April 2016

hi sir if you have a no job now and not able to pay all amount to your wife as court order than you need to prove it all in court you have 'no job and you did not able to pay now are you demand to give you some time  other court cut some amount 

but in last you need to meet with good family lawyer who give you best advise and  best deal inm your case 

praveen (Electrical Engineer)     02 April 2016

Thank you sir for prompt reply But how to prove that I am jobless, you want me to put on affidavit Sir, I am ready to pay the amount but opposite party is not accepting the half amount, they want full amount every time. Now magistrate stopped her cross examination

praveen (Electrical Engineer)     02 April 2016

One thing am not able to understand here What is the link between cross exam of pw1 and interim order why magistrate has stopped to continue the cross. Now my lawyer want me to go for appeal in additional session court. Any judgement or citation on this?

praveen (Electrical Engineer)     02 April 2016

Sir, thank you very much for the reply In my DVC case magistrate itself forfeited the cross examination of PW1,  Magistrate is linking up the case with interim order saying that until I pay the full amount from Jan 2016 to April 2016.  As I am ready to pay the half of the amount 12000 but magistrate is forcing me to pay full arrears Every month from Jan 2016 , I tried to give wife some amount but she was denying to take that amount. Magistrate is mentioning in docket saying that respondent is ready to pay but petitioner is not accepting I do not understand here why magistrate is linking these arrears with cross examination of PW1.

Is there any good citation/ Judgement  on this 

ram   02 March 2019

Hi Praveen,

I hope your above issues resolved.

mine also same case DVC. got ordered to pay interim maintennce . i was paying some amount and she is taking. now it is cross to her.

can you pls share your experince , better way to go in cross



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