Anil Kumar (IT Professional) 16 November 2014

Wrong maintenance order

Dear All Legal Experts & Ld. Advocates & Legal Advisors!

I need the expert guidance in the following matter of Domestic Violence Case filed by my wife against me and my family and relatives, are:

I got married in 2010 at Allahabad as I am a resident of Delhi. After the marriage my wife stays with me at my residence at Delhi. Right from the beginning my MIL disturbs my family life by her regular interference over the petty issues and her rude behavior, domination nature and threats me for implicating me and my whole family in false Dowry & Domestic Violence case. My life almost becomes hell due to her. And finally my influenced wife deserted me after the 8^th month of our marriage i.e. July 2011, and since then she has not turned back. To realize the situation I take some precautionary measure and file RCR against my wife in Nov. 2011 and got the ex-parte decree in favor of mine. But still my wife did not turn back and even not complying the Court Orders besides getting the 3 services of summons for proceedings of Court in RCR Case. That shows that she deliberately ignore the court proceedings and not willing to come back due to fulfill her ego problems as she got the sympathy of some Political Personals and fully aware of Legal Weapons i.e. 498A etc.

No dowry demand by us pre and post marriage, no mentally as well as physically torture by us no such serious incident has been occurred during the period of her stay with me either in Delhi or in Allahabad from Nov 2010 to July 2011 (approx 8 months).

Besides ignore the Delhi Court Orders, she has finally filed the Domestic Violence case after 3 yrs of our separation (lastly July, 2011) in Feb, 2014 at Allahabad Court as she was with her mother since July 2011 to till date. The main issue is that:

In the mid of June, 2014 I have receive a letter with Ex-parte Order of Interim Maintenance against me by Allahabad Court, sent by Advocate of my wife.

I take immediate action and send the reply along with enclosures of relevant proofs of my income documents (in the Court Order the descripttion of my Job & Earnings was mention wrongly) to the Court with a prayer to send me the notice for personal appearance by Speed Post.

But the court did not consider my written prayer and work in biased manner and further ordered for Recovery of Maintenance on insisting of my wife’s advocate.

I have got the Ex-parte Orders by Court and I examine the Court Record in which I have found the major disturbance that is:

1. The Court has mentioned 3 notices to me.

2. The DPO has also mentioned that the notice has been sent to respondent but not record found.

3. But no notice/summons has been served/receives by us till the date.

4. No information was given either by opposite party or by Court.

5. No postal record has been found to serve the summons to us by the court till to date.

6. The Judge has mark “Absence” in their Order Sheet.

7. The Court has not sent the Orders directly to us.

8. No copy of the said Petition has been provided to us.

9. Opposite Party Advocate only sent the copy of Order along with their personal notice about the Case. They have not sent any copy of petition besides Court Orders.

Questions:

1. How can I challenge to Court that I have not received any Summons/Notices sent by court?

2. It is possible to complaint the Judge in Higher Authority?

3. Is court is duty bound to send their Order Copy to respondent directly?

4. On the other hand court has sent their Orders through the aggrieved person’s Advocates to respondent and it might be possible that Advocated manipulate such kind of things, intentionally delayed or whatsoever.

5. If the Maintenance Order has been passed then how many days for its execution or how many days a respondent shall pay the amount.

Reply Follow

4 Replies

UniteFamilies (Social Worker) 20 November 2014

Nowadays all orders are online. Just visit your area's family court's website and type your name. You will get entire judgement. Usually judge gives 2-3 months to pay maintenance starting from day of application.

(Guest)

Higher authority?

You can complain to such higher authority, but according to me there is no use. Even that higher authority is one among them, he or she too will be a judge, but in a higher position thats all, eg the District Judge. Such competent authority might send a warning to the magistrate, but as your lovely filed a DV, and there is section 23 under which she has asked relief, your lovely has got ex-parte orders [meaning to say that the magistrate has passed relief without hearing your side of the story] which is very much legal. You can utmost go for appeal in High Court for set aside of such order/dismissal of DV case itself, and do nothing more than that. Further, if you dont comply with such orders, warrant will be issued and you will be taken into custody [ie sent to jail], if you are not caught, then NBW will be issued for which no bail. Either pay off the entire maintenance ordered from date of application or go for appeal or go underground [going underground I do not suggest, but you may try].

Complaining to District Judge will surely draw attention of Magistrate, he may get irked and may just issue warrant and send you to jail. So dont complain to District Judge. It will surely backfire, according to my experience.

Anil Kumar (IT Professional) 20 November 2014

Thats mean if go for against of Judge who already work in biased manner for a biased law, then he/she will do every thing to against said respondent. I totally disagree. I know got the Justice is very tough in DV/498A case and infact you are innocent and have plenty/ample proof to prove ur innocency. But why people and so called NGO or Human Rights Activist raise the issue/voice against this biased law hence it is prove that approx 85% of filed DV & 498A cases are fake and full of fraud and manipulated.

But I strongly fight with this injustice and prove myself innocent. I suffered a lot financially, mentally, socially and physically. But I am self motivated and fight against this law.

Anil Kumar (IT Professional) 20 November 2014

And Thanks "Helping Hand" for your suggestions plz carry on and give us your precious advices and suggestions. It will help to us and give us the idea to fight against this law.