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singh (student)     05 February 2012

Warrant in dv case

sir, i have quary about DV case

1- file in march 2010.

2- four accused..mother 80yrs, sister and brother living seprate

3- so far only husband attand the date.....no maintenance passed any yet

5- wife pressure to court to issue warrants to the rest of respondents...who can not go to 1500 km away to attend court..........SHE  NOT RECORDING  HER EVIDENCE........

6- wife filed 498a, june 2010....husband jailed for 2 months. wife filed false affidav,ite of husband making her nude photo and CD, which was henious allegation.even after remand nothing was recovered......now its under fight on jurisdiction ground. falsely made by advocate wife.

7- wife filed Crpc 125 and RCR-sec-9 , oct 2010.

kindly advise on how to plan and fight all the cases...........

judge and all the advocate and court emoloyee help her...........

IS IT ADVISABLE FOR ME TO FILE DIVORCE AT THIS STAGE............

.



Learning

 6 Replies

sridhar pasumarthy (ADVOCATE)     05 February 2012

Dear Singh,

Filing 498A case with false allegations and commiting the husband to jail amounts to cruelty by wife.

You can move divorce application on behalf of husband.

lawyer_rajiv (9811284735) (lawyer)     06 February 2012

filing divorce at this stage may not help.  better fight her false cases and in case she has submitted a false statement on oath, resort to proper action on perjury.

singh (student)     06 February 2012

sir thanks very much for your prompt reply.....as my wife , during my bail application, always put affidavite thru I.O. and block my bail application..she alledge in her affidavite that- I made her nude photo and CD, which I.O needs to be recovered and hence remand be given, not bail.....she did this three time...remand is given and no such any photo or CD is recovered........

Please advise on ( 1 )

proper action of perjury ...at what stage and when it can be restored...498a case , SLP is filed in SC..on territorial jurisdiction ground - as it was falsely made, marriage, engagement or nothing happened at girl place...no one from boy family, not even her husband ever went to girl's city. still she wrote husband's  false presence in the FIR...no invistigation took place...I.O. never came to my city to enquire any thing...

(2) Now in her DV case she harassing thru judge ..to call all the respondents to the court. 1500 km away... she not recording her statement to the court, as she had 200% lied in her DIR.......

(3 ) She filed RCR also along with Crpc 125 in different court....is her RCR can fetch me any advantage if so...pls advise how and what and where............I still not replied her RCR...what stand i should take in reply.

regards

singh

singh (student)     06 February 2012

sir thanks very much for the kind attention to my post and prompt reply thereof

1- filing divorce at this stage - will it amont more maintenance to her.

2- as she has filed RCR along with Crpc 125 in family court

3- DV and 498a running in different court

4- filing of two maintenance case - DV and Crpc 125..what stand i can make.

5- what to reply in her RCR......as she had caused extreme cruelties....and at last filed RCR.

Regards

singh

ravindra (Analyst)     06 February 2012

1) no it will not amount more maintenance

4) same relief can't be asked twice in two different courts

Advocate Shaad Anwar (Founder and Managing Partner)     07 February 2012

hi,

 you can file an application before the DJ for transfer of  all cases pending against in the same court.

If she has filed RCR against you can take benefit of the same to disprove / belie her case of 498a and DV. However, decree of RCR can't be enforced by any court. Moreover you can plead that since your wife initiated criminal cases against you and your family members, she is not entitled to the relief in case of RCR.

 

 

Advocate Shaad Anwar

K-160, Tis Hazari Courts

Mob: +91 9811038828

shaad@mylawyerdelhi.com

https://www.mylawyerdelhi.com

 

 


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