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VictimOfBiasLaw (Professional)     11 May 2011

Summons and Stay

Please read details and guide.

CRPC-125 :

    -Wife filed false CRPC-125 ,

    -husband never received/accepted summons since from last 8 months.

    -wife file affedavit to stop all my rights and start case exparty

 

My Q :

1. what if husband never received summons for CRPC-125 as wife don't know where i am , will case start without my presence ?

2. what will be the worst thing that can happen ?

3. what if court stop all right of husband in CRPC-125 ? what does it mean ? can husban reopen this ?


 

Fake DV case (u/s  18,19,20,22)

- wife filed fake DV case and produces fake income proof of husband.
husband has received this summons and his lawyer represnting him in court , husband never appear in the court.

- husband file case aginst wife for producing fake proof in court u/s 467,468,471.
court consider it as an offence at first sight and file summons against wife for inquiry u/s CRPC-202

- also in DV case as husband is out of india he was not able to give his answer on time so last time court ask to stop all right of husband.

( Husband lawyer take it lightly and reply that all this tricks are to drag the case , also he tell that husband can reopen rights )

MY Q :

3 Can husband ask court to stay on DV case until judgement of above offence ?

4. what if court stop all right of husband in DV ? what does it mean ? can husban reopen this ?

Please read above and answer my Q 1,2,3,4



Learning

 2 Replies

Tajobsindia (Senior Partner )     12 May 2011

1. what if husband never received summons for CRPC-125 as wife don't know where i am , will case start without my presence ?
Take: With due process of serving summon if she makes Court satisfied that you are avoiding service of summon then Court has power to start ex Party proceedings against you.



2.
what will be the worst thing that can happen ?
Take: She has to still satisfy the Court of the charges she has made in her Application and pray for just relief.

 


3.
What if court stop all right of husband in CRPC-125 ? what does it mean ? can husban reopen this ?
Take: Stop your right means struck off your rights for defence and proceed ex Party. Yes you can always present yourself and or a pleader to defend your say by placing valid reasons for delay and pray for condolance of same and proceed accordingly.

4 Can husband ask court to stay on DV case until judgement of above offence ?
Take: Yes for the same you need to Appeal at Sessions Court.


5.
 what if court stop all right of husband in DV ? what does it mean ? can husban reopen this ?
Take: File a delay condolance Application.

VictimOfBiasLaw (Professional)     12 May 2011

Merely filing DV case wife entitle for maintenance u/s CRPC-125 ?

- Like in this case wife file DV case .
- in DV case there is little chances for intreim maintenance as husband position is strong

(
    - Judge in his comments one time mention that to get right wife first has to do her duty.
    - Judge has also ask wife and her father to do one time settlement if husband is ready to pay one time    settlement money.
)

MY Q :

5. on the basis of judge comments , can husband assume that wife has little chances for maintenance and his position is strong ?                                 

6. Merely filing DV case wife entitle for maintenance u/s CRPC-125 ?

7. Procedeeing and judgement of DV case do impact on CRPC-125 ?

8. if interiem maintence procedeeing is going on in DV case , CRPC-125 case is still applicable as both are maintence case
( i am not asking for double maintence  but the two case for same purpose )



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