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Samir N (General Queries) (Business)     25 August 2013

Session court appeal from dv judgment

My wife's appeal in DV case from an order by the Magistrate Court, appealed to the Session Court, was admitted even before I was served any notice. Is this normal? Did I miss something? Also, is the Govt. representative going to defend the Order or can I also join in? 

Thanks



Learning

 6 Replies

Big Iron (Officer)     26 August 2013

I am not a lawyer.

 

In DV case, any party which feels aggrieved can approach session’s court within 30 days of order.

Once a party appeals in sessions court, other party will be served a notice.

 

 

You need to hire a lawyer, perhaps your MM court lawyer would be best choice.

SRISHAILA.DHARANI (Advocate&consultant)     26 August 2013

Its normal practice,don't worry.Please engage a professional lawyer who is expert in family matters, and proceed further.

wish you all the best.

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

Samir N (General Queries) (Business)     26 August 2013

Amazing! I am getting replies that say that I need to contact a lawyer. All I asked is a procedural question and there are no valid answers!

To restate my question:

How does an appeal from a DV case in a session Court proceed? Appellant files papers, then what... precisely. Is the appeal assigned a number? Is notice required for admission as in High Court? Or is it admitted by default when filed? When does the 30 days period for filing cross-objections start? How are cross-objections to be filed? Can I file them before the first hearing if the first hearing is scheduled after more than 30 days?

If you are a REAL advocate with good knowledge of CrPC or appellate procedures in DV cases, please reply. If not, please do not expose your ignorance. Most advocates get some BA, LLB somehow but do not know the ABC of law and then start giving obvious answers...

Thanks again

S K Agarwal (CEO)     28 August 2013

You are right, Lawyers are only interested in making money. In my opinion admission/admit the revision by the session court is necessary to summon the defendant but there should be reason to do such. Supreme Court said on various occassions that A well reasoning order is required to summon the defendant(s) in a criminal case, Summoning is a serious matter. Unfortunately even Session Courts in Delhi (Capital of India) are not serious to obey the Apex Court's RULINGS, you may imagine the working of Metropolitan Magistrate Courts and other lower courts in other states of India that's why Judicial Accountability Bill is introduced. A Judge is empowered to pass an Order violating the basic fundamental of Law/criminal procedure code/civil procedure code, they expect from the parties to file the applications showing the applicable section/code of law but they are delivering the Orders or Verdict without showing that what provision of law the same passed. No one is serious. Aapne to suno hoga "Diye Tale Andhera". You may go to appear before the said Session Court after all you are having an Order in your favour passed by the trial court of M.M. BUT.....It may be possible that said Judge has little knowledge of Law or opposite party has an advocate who was class mate of said Judge. Just consider one thing.... A Ruling passed by Supreme Court by over ruled the High Court itself disclose said ruling passed by the High Court and it is very common in Court Rooms that Advocates are quoting the said ruling passed by the High Court which reverssed in Apex Court to get favourable orders.   So first engage an good lawyer who is not behind the money....pay the amount to the opposite party in place of the Advocates to shorten the litigation...go further with offer....record your statement in Order Sheet...have Certified Copy of said Order Sheet with you to show your clean hands offer...escape yourself from counter litigation you will face the previous as well as yourself filed case(s). if you failed in compromise the issue....AT LAST Higher Court will see the particular husband and particular wife..their acts against each other. Be good and always speak TRUTH even the opposite party is liar...you will win at last..

S K Agarwal (CEO)     28 August 2013

30 days are available to file the Revision before the Session Court against the Order passed by trial court opf M.M. (30 days + the days consumed by the copying agency to issue the certified copy of trial court order) there is no time limit to file the reply/couner to the revision, First appeared before the said Session Court there is no apprehension of arrest..file the simple application for Adjournment in writing or oral seeking time to engage a lawyer...it depends on your skill/tactics to delay the matter...Ask about the Judge/Court from the other litigants who are appearing from 3-4 months..Every Court is own Master no one can dictate it in the starting 6 months..delay is usual...Courts are quick to summon the party...thereafter slow to pass the Verdict......In my opinion the legal system is not good which was made for the help of innocent/victim.

Samir N (General Queries) (Business)     28 August 2013

This is an appeal from DV and I want to file cross-objections in Session Court against the appeal filed by my ex-wife. I prevailed before the Magistrate. He threw her case out.  What is the time limit to file cross-objections  as I have not been served the summons of the appeal but the case is assigned a number in the Session Court and a hearing scheduled.  Can I go to the hearing and accept the summons in person and file cross-objections? Can I file them before and serve a copy on opposing advocate?

precise answers only! Please...


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