Revision/ appeal for dv act- section 12

Dear Mr Ashwini, you have to file appeal u/s 28 of the DV Act before the Sessions Court for challenging the order of maintenance.

Dear Mr Ashwini, you have to file appeal u/s 28 of the DV Act before the Sessions Court for challenging the order of maintenance.

Dear Mr Ashwini, you have to file appeal u/s 28 of the DV Act before the Sessions Court for challenging the order of maintenance.

Dear Mr Ashwini, you have to file appeal u/s 28 of the DV Act before the Sessions Court for challenging the order of maintenance.

Dear Mr. Goyal- Thanks. I also wanted to know if the sessions court submits a fee or part of fee (maintenance) before I submit the appeal.

Dear Querist

You may file an appeal before Session court against the order passed by Magistrate u/s 29 of Domestic Violence Act.

the detail affidavits of income and assets were filed by both of you or not in your case, on what ground the court passed an order......

 

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Dear Sir,

Yes all details of salary and assets affidavits were filed but my counsel did not appear in the court during two arguements and I think Judge was in the view than we are trying to prolong the case unnecessarily. My counsel only argued on the point that the case should be dismissed because it is filed after 1 Year from Separation of the wife. I think the order is impugned. If I file an appeal, will I be asked to submit any partial arrear amount? The truth is because I had two loans (study and sister's marriage) and my parents are dependent on me, I coudn't save anything for the past 2-3 years and I am not in a condition to even pa 50% of 9 lakhs. Also I wanted to know if I never forced my wife to leave at this point can we file section 9 or will it have any negative affect on my case?

Thanks

 

Firstly I believe that you have not represented the fats what you state now before the court at that time and had  you explained your financial constraints and factual economic status, the court might have considered your pleadings. Further the domestic violence is a continuous act hence it cannot be treated as barred by limitation etc.  In my opinion, your advocate has not properly represented your case resulting into such an harsh punishment.  However, in appeal you make it a point to represent with all the details and also request the court to allow you to make part payments periodically.  If you find your advocate is not very effective, change him immediately and look for a better one. 

Its very simple u hv to file a appeal to session court or u can do one thg file quashing proceedings at high court and at the time of admitting judge will request u to file before session court. And then come here, till thn at high court dnt forget to remind ur lawyer to move precipe and brng r and p of ur matter from lower court. Or call me i will guide u very clearly hw to harass ur wife.