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Indira (Sr.Manager)     11 March 2014

Urgent- advice procedure to maint & dv case in family court

I had filed a Divorce case in Oct 2014, there was a interim maintenance and injunction also applied against my husband. The summons was served by pasting order. My husband attended the case we attended the first counseling. During the counseling my husband showed that he wanted to keep the marriage and I am the one breaking it. He showed to the court he could not appoint a lawyer as he was not aware of such case going on . The Judge gave him a long date of 2 months represent his part of the story and passed the Roznama of injunction in not to meet the son in wife matrimonial house.. . In the next hearing the judge was absent however we attended the 2nd counseling and we got a short date in April to attend. But my husband in front of the counselor said that he wants to keep the marriage and will not give any maintenance. If the wife wants the maintenance than he is ready to take the child custody. He also mentioned that he wants the injunction removed. My husband has appointed a lawyer now. I want to know what is the next process that the court will follow.. I have finished 2 counseling already. My husband is trying to falsely that I am the one who is breaking the marriage. Its will be 6 mths and there is no case started no judgments passed. I want to know what is the court procedure to reach a conclude.


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 8 Replies

house wife... (na)     11 March 2014

hello indira 

can u plz  tell me on  which date u fílled case and on which đatđ summons were served ...

how the procedure moved on date wise when first counselling held and then second

i want to know that coz i also filed dv on my husband on 12 feb 2014  summons are not yet served n 21 march 2014   hów it will move i want to know...plz help........

Indira (Sr.Manager)     11 March 2014

Hi I had filed the case in Nov 13, the summons were served were done by pasting order on 16th Dec 2013. Husband appeared in the court on 17th Dec and then the first counseling happen. on 25th Feb the 2nd counseling happen but both the dates husband maintained he does not want to break the marriage want to settle the marriage in front of the court as I had asked maintenance and injunction

Anand (CEO)     11 March 2014

@I am nobody. Why u file DV? What proof u have? No proof means waste of time. DV not good law to get anything only good law to cause problems to both. Need good advocate for DV. Do u have super-duper advocate?

galsober@yahoo.co.in (def)     11 March 2014

@ indira, in 1st post u told the date as Oct-14 (which is about to come)

In next reply u told it as Nov-13 ..............what is the real story?

Indira (Sr.Manager)     12 March 2014

Oct 14 was a typo error it is Nov 13. Well I have enough proofs which are Annexed in the petition by me. I am trying to understand the process further on to understand the future if the husband is not willing to give me divorce and maint. I have filed under cruelty as there are enough proofs. But what all things can my husband do to drag this and for how long can the court let him drag this.

Indira (Sr.Manager)     12 March 2014

Oct 14 was a typo error it is Nov 13. Well I have enough proofs which are Annexed in the petition by me. I am trying to understand the process further on to understand the future if the husband is not willing to give me divorce and maint. I have filed under cruelty as there are enough proofs. But what all things can my husband do to drag this and for how long can the court let him drag this.

Indira (Sr.Manager)     12 March 2014

Request an advocate please reply if possible

G. Y. Sharma (Advocate)     26 May 2014

Dear Madam,

You said you have filed a Divorce Case against your husband and that he is trying to drag on the same on one or the other reason. Let him. You do one thing. File an interim application seeking interim maintenance from him and wait and see what will happen. If he is really interested in you and in keeping the marital belt in tact, he would express his readyness and willingness to pay maintenance to you, lest failure of maintenance leads to strike out of his defence. Also see what proofs are being filed by your husband in support of his defence in his Counter. If your husband fails to substantiate his case, you can make use of the situation for the good of your will and wish.

Hope you could understand the implied advise hidden in our opinion. We are however at your disposal in times of your urgent need at all times.

Thanking you and wish you good luck.

Truly Yours,

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

*: 98 493 45 755 – *: 99 66 45 66 85

 

gysharmaadv@gmail.com


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