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498a victim (job)     22 July 2017

Need help in dv case

Respected all,

My wife has filed DV case in march 2017, i got summons in may 2017 and yesterday 21/07/2017 was the date and now judge is forcing me to file the WS, saying that this is your last chance to file the same,

The question is that the this is pending for Quashing in High court and notice has been issued to opp. and date is given on 10/08/2017,

if on next that i bring this notice to judge, than also can he force me to file the WS?



Learning

 9 Replies

Rishi kumar   22 July 2017

I am not a lawyer. But still I post here because I have benefitted from all these postings. First of all, understand that fling a written statement benefits you. I don't think many judges will even ask you to file one. DV is all about money. She is going to ask you interim maintenance and in case you don't file an objection regarding your income or expenses, the judge will have no option other than sanctioning whatever she greedily demands. And contest all her charges if false. Once you start paying a high maintenance your case is as good as lost. Remember, DV is the worst thing not even 498a. In 498a , you don't have to spend money apart from bail and court visits. So quickly hire a lawyer, and file WS. 

Siddharth Srivastava (Advocate)     22 July 2017

As the law presecribe limitation for filing WS hence court was right in directing you to file your WS. It seems that you have appeared personally without taking assistance of a lawyer. It is in your interest that you file your WS otherwise your defence shall be struck of. The proceeding under 482 Cr. P. C. is separate and distinct and filing of WS would not  adversely affect your case in High Court. 

498a victim (job)     22 July 2017

i have hired a lawyer, but my advocate from high court has told us that till they dont file answer in high court, has insisted me not to file the WS, so m confused what to do,

our WS is ready and we can file any time but as per saying of my advocate from high court, he told me this so asking you all learned

Sachin (N.A)     22 July 2017

You need to convince the court that because your quash petition is pending before the HC. So court should adjourn the hearing. Rest depends upon discretion of trial court.

Kumar Doab (FIN)     23 July 2017

As suggested by your own lawyer and Mr. Sachin try and convince the presiding officer........

 

Yuo must be having local lawyer.

Take help.

498a victim (job)     23 July 2017

thank u sachin

i have already hired a lawyer but he is out of station on that day so, i have to attend it on my own, so was asking you learned opinion,

i will try my best to convince the court regarding the matter, and even than they force me to file WS than i have ready, i will file it on my own.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     23 July 2017

Mr Rishi kumar even non advocate has given most proper advice.

I will repeat his advice with a hearty PRAISE  to him for pin pointing the problem so accurately as a most seasoned advocate.

 

Once you start paying a high maintenance your case is as good as lost. Remember, DV is the worst thing not even 498a. In 498a , you don't have to spend money apart from bail and court visits. So quickly hire a lawyer, and file WS. 

 

So do not make fuss about filing WS., file it immediately.

Going to HIGH COURT is most wrong advice, the matter will not be quashed. You have to face trial at lower court

 

It seems you have gone to some big name and went to HIGHCOURT. Court cases have to fought with tactics. HIGH POWERED TACTICS DO NOT WORK.

The simple of simplest way was that you should have filed revison at SESSION COURT and could have got second chance on technical issues to HIGH COURT.

1 Like

Sachin (N.A)     23 July 2017

Originally posted by : 498a victim
thank u sachin

i have already hired a lawyer but he is out of station on that day so, i have to attend it on my own, so was asking you learned opinion,

i will try my best to convince the court regarding the matter, and even than they force me to file WS than i have ready, i will file it on my own.

 

So you can say the court that lawyer is not available today. so adjourn the hearing and on next date your lawyer will handle the court

Siddharth Srivastava (Advocate)     23 July 2017

The advise of Sh. LAXMINARAYAN - Sr Advocate is very accurate. 


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