Urgent suggestion needed

Hi Friends,

 

My Advocate today evening told me that he is unsure whether any surety is needed on the first appearance before judicial magistrate for section 12 under DVA, which is going to happen on Feb 26, 2014 (no details of the case was given or told to me by him and what relief they sought under sec 12 of dva).  Can i ask for a copy of my wife's relief under sec 12 of dva to my advocate or the judicial magistrate?

Copy will already be with your lawyer, in case your lawyer does not have a copy, you can apply for the same with the copying branch of the court.
 

Is it necessary to give surety at the first appearance (this trick of my advocate appears weird for me to pump money from me)?  Please experts advise on this.

NO.
 

My wife has been residing with their parents since Sep 2009 after exiting my house voluntarily on her own.
OK.
 

She got back her stridhan in Dec 2010 for which I have evidence in person who transported them to her house and received by my wife, her sister and mother.
Keep such evidence handy, present it in writing in your reply to section 12 complaint under DV, and present the same during trial of the case.

Me and my wife were in contact until March 2011 through phone only (No contact from April 2011).
Obtain call records via servirce provider,  If you have any such recordings, keep them handy to be presented during trial.  Mention of such recordings must be made in your Written Statement.
 

I filed HMOP in Feb 2012 based on desertion.

 OK.

She filed a complaint against me in Apr 2012 in police station, which was later sent to district welfare department where i attended their summon in person and listed out my positives and they even said that fault is on my wife (i gave an explanation in writing with consulting my lawyer).

 Good.

On Feb 20, 2014 I received a summon to appear before Judicial Magistrate on Feb 26, 2014.
OK..

There has been no domestic violence or any sort of troubles to her from myself or from my family.
OK.
 

What do in this case??
Fight the case based on merits till the end and come out clean.
 

I read in this forum

"recent judgment by justice roshan dalvi that "DV after a year of seperation not tenable."

It is idiotic to just take one judgment from some other case and think you are safe.  Each case is different, each case's circumstances are diferent and each case will be tried according to law, even if you submit such judgments.  Such judgments can only be used at HIGH COURT level not in magistrate court level.  The magistrate wont even read the citations, as he is entitled to pass orders according to his discretion, as deemed fit by him.

 Is it is applicable for me? bcos we have been separated from 2009 to until this date.

Though it might be applicable on the superficial, your case will be tried according to law, and then disposed off accordingly.

Things you should remember while facing DV case:

Make sure you appear in court when you have a date. When you are not able to attend to court, make sure your lawyer should be present in court, both not present in court, warrant will be issued against you, you will  be arrested and brought to court premises, if you are not caught on warrant,.. then NBW [nonbailable warrant] will be issued.  If you are caught, no bail until magistrate nods.