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gdk (student)     25 July 2012

Dvc

Hi dear Freinds,

In My DVC Case, my Arguments are over (Iam the Petitioner), and the stage was Arguments by Respondent and I filed MP for Interim Maintenance (after My husband's revision dismissed by the Hon'ble High Court .

In the mean time, the Case was transferred from the current Court to another Court.

Now the new Judge is telling to do Arguments of mine again and Judge told that as respondents are not coming I will give final Orders on my Arguments.

What about execution of my Maintenance Petition.

Regards.



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     25 July 2012

your mp be heared seperately after issuing the summons to your husband and if he will not come nbw be issued by the court

Tajobsindia (Senior Partner )     26 July 2012

1. I disagree to reply of Anish. There is no question of NBW being issued as Anish says. He has not read S. 31 of PWDVA, 2005 thoroughly it seems. Also rule of Law says first BW then NBW and PWDVA 2005 is touted as civil law and not pure criminal law mind it Anish.
2. When there is change of Court at advance stage and new Court tells you to argue the case and also tell you that the Court has sensed non-appearance of respondent / husband on days hearing then it means you are blessed on next date ! Do the arguments and receive a final Judgment on whole case which amalgms the interim application too !

What more a complainant / wife in her own DVC matter wants when the Magistrate is saying that do the arguments I will give you final Judgment !

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 July 2012

Dear Querist

you should approach to the Hon'ble court for ex-party order

 

23. Power to grant interim and ex parte orders.—

 

(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper.

 

(2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.

Feel free to call


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