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Shiva   26 May 2016

Request for three months gap between consecutive dates

Respected jury members.......sir i am serving in defence. I filed annulment on my cheating wife. She also completed her duty by filing false cases like maintenance, dvc, 498a against me. We are attending to court on given dates on every month for 498a nd dvc cases. But interim maintenance nd my annulment is in evidence stage. Date for the hearing is jul 7. Unfortunately i cant attend that date. As i am going to other station for training for 6 months.otherwise it will hamper my proffessional record and results in delay in promotion. Respected jury..i kindly request you to provide any provisionin law that i request court to provide the date for evidence & cross examintaion after three months i.e on august amd their after on dec 16. Thanking you for ur kind support.


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 10 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     27 May 2016

U said annulment,can U elaborate the reasons? U cannot fix time frame for the courts according to UR convenience as an accused.But yet pray to the hon'ble  court with the requisite professional testimonials for exemption.The court if satisfied may allow.

Mrs. Bakshi (Social Studies Reader/Worker)     27 May 2016

Sir,

 

It is a crime these days to marry in India. As told above, courts function  on hapazard basis and there is no time frame for anything, you can move HIGH COURT of your state and seek speedy trial by filing an application u/s 21b.  Time limit set is 6 months, but these too rarely are followed, mainly because there are lot of variables involved.

 

Some might suggest going for mutual divorce, but that I would not advice.  

 

You were cheated and you should be delivered justice in way of divorce.  There is no other optoin than to wait.

 

Law in India takes its own Couuuuuuuuuuuurse.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 May 2016

I disagree with the version of Mrs Bakshi.

Though people go on shouting that most of the family laws are woman oriented,one dosen't peep into the cirscumstances that led the law makers for doing so.Indian history reveals that animals had more freedom than women since ages.Its only since the last 20 or 30 yrs that women are enjoying equal status with men.

90% of husband's are not innocent and also 90% of women are not cruel and harsh.

The replies given by everyone here are based only by viewing one side of the coin,it could be entirely different from the other side.

Dr Martin Campbell (Doctor)     27 May 2016

You can however give applicatoin requesting the court for the same, and see what court tells.

The above comments by Shri Sainath Devalla are only idealistic and remind me of textbooks in reality they do not hold any value is altogether a entirely different topic for who is not the right platform to discuss. As he rightly says, everyone sees what they want to see.

 

The concept of time is different for different people at different situations.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 May 2016

The reply by a doctor to a legal query is not accepted in general.

SAINATH DEVALLA (LEGAL CONSULTANT)     27 May 2016

The actual querist has not responded to the various replies till now.

Shiva   27 May 2016

Mr. Sainath sir ....sir i found my wife decide d to commit suicide the second of my marriage as i found through phone call recorder having conversarion with his boy friend. Than i filed FIR against her for commiting suicide to clear my side. Thereafter, i applied for annulment on after 5th day of my marriage. As i cant trust this lady by leaving alone somewhere in my transfer area and going at seas on my duty as i ma serving in navy. As she follwed everything as her boyfriend instructed her how to move in myy house. There are certain incidents they discussed in phone..that not sleep with me...if i try to come near to her he told to her to warn that she going cut his veins if i comes near to her. He instructed to cancel our honeymoon plan to manali. There are lot of things he has been told her after marriage. By hearing that call recorder i send her to her home and filed annulment and FIR. After 8 months she filed 498a, dvc and maintenance. I have the evidences of that phn recordings amd that phone. Our marriage video where we can find her attitude of unwillingness marriage. Respected sir, shall my commanding officer can request the court for to give three months gap for every consecutive hearing to proceed on evidence stage. So that i can fulfill my proffessional requirements. THANKING YOU SIR. WAITING FOR YOUR KIND REPLY.

Shiva   27 May 2016

Mr. Sainath sir ....sir i found my wife decide d to commit suicide the second day of my marriage as i found through phone call recorder having conversation with his boy friend. Than i filed FIR against her for commiting suicide to clear my side. Thereafter, i applied for annulment on after 5th day of my marriage. As i cant trust this lady by leaving alone somewhere in my transfer area and going at seas on my duty as i am serving in navy. As she follwed everything as her boyfriend instructed her how to move in my house. There are certain incidents they discussed in phone..that not sleep with me...if i try to come near to her he told to her to warn that she going cut his veins if i comes near to her. He instructed to cancel our honeymoon plan to manali. There are lot of things he has been told her after marriage. By hearing that call recorder i send her to her home and filed annulment and FIR. After 8 months she filed 498a, dvc and maintenance. I have the evidences of that phn recordings and that phone. Our marriage videos where we can find her attitude of unwillingness marriage. Respected sir, shall my commanding officer can request the court for to give three months gap for every consecutive hearing to proceed on evidence stage. So that i can fulfill my proffessional requirements. THANKING YOU SIR. WAITING FOR YOUR KIND REPLY.

Vijay Raj Mahajan (Advocate)     27 May 2016

Apply for exemption from personal appearence under section 205 Cr. P. C in criminal proceedings on the basis of your out of station posting in a foreign country. The court will allow it. Your counsel can continue appearing on your behalf and carry forward legal proceedings like cross examination on your behalf in your absence. I have been doing it for my clients staying abroad in so many criminal matters with due permission of the court.

Shiva   30 May 2016

Thank u Mr. Vijay Raj sir, sir actualy i am concerned with my family cases for maintenance and annulment which are in evidence stage.For those cases i cant attend the dates in view of service requirements. THANKING YOU

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