LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

navdeep (ABM)     15 March 2014

Urgent-dv-22nd march nxt date, 498a is already on

Please suggest next step-

498 is already on in agra, currently in mediation. got first summon of DV case in agra on 19th feb, took next date of 22nd march, but came to know it was filed earlier as 4 dates have already passed. i am presently at dehradun. If neither me nor my council go for this date, what will the decision? will court give another date or pass the decision?



 12 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 March 2014

court may impose penalty to the parties

Gautam Kapoor (IT professional Studying Law)     16 March 2014

or more severe step could be taken. You will be lucky if you get away with a court penalty.Very Advisable to represent yourself via your cousel.

Dr J C Vashista (Lawyer)     16 March 2014

Seek exemption from personal appearance through your counsel or face consequencies, which will be punitive .

Gautam Kapoor (IT professional Studying Law)     16 March 2014

aptly answered by respected sir Mr. Vashista.This is as expedited case. Never take chances.

Kanchan Madan (NA)     16 March 2014

In our DV case  in August2012 our lawyer told us we  are not required and she will manage everything. She did not get even vakalatnama signed from us.  She reached the court after 1100 Hrs.  The decission was taken by MM as ex-party.  We had to file to vacate the decision which was quite painful.

 

My experience  says not to skip the date.

 

wud like to give u nutshel picture -my lawyer has not attended any date in DV case. She had taken advance money  from me and last minute she phones up giving excuses.   At last she had filed a case in High court  to quash FIR for  which I  had to spend  quite high fee.  And after one year of mediation at high court now our case is settled at  17 lacs..  This is for your info please.

case 'wasfiled by my son

T. Kalaiselvan, Advocate (Advocate)     16 March 2014

@ Navdeep; like Kanchan Madan, there are many many more people who had to suffer due to this ignorance of law, so do not take law in your hand, better be very careful while you have to deal with the criminal cases against you.

navdeep (ABM)     16 March 2014

Sir, me and my wife both are basically from bijnor(up), i  live in dehradun(job)-roorkee(home), got married at bijnor and now she has filed case from agra where her father is doing job. no link with agra regarding our marriage.

Is it legally justified to file a case from agra specially for DV case, as i consider 498 she can file from anywhere?

Considering these things just want a distanced date in DV case so that i can concentrate on stay on arrest, later for DV case i will counter point that agra juridiction is not justified as everything happened at bijnor or roorkee and last time she went her home bijnor from roorkee. Because in 498 case mediation is about to fail as she is opposing dates.

Please suggest my strategy is correct or not? Please ask if more detail is required to give suggestion, i will post in detail.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     16 March 2014

Never take a chance in court proceedings....it can be adverse against u. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     16 March 2014

Never take a chance in court proceedings....it can be adverse against u. 

navdeep (ABM)     16 March 2014

Thanks....please tell the DV case from agra is justified legally or not?

Biswanath Roy (Advocate)     17 March 2014

DV case jurisdiction will be where the cause of action arose or at the home town of your wife otherwise it  can be challenged.

Dr J C Vashista (Lawyer)     18 March 2014

She can file in Agra, at her choosen residence.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query