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shiva (sales)     17 August 2010

WANT TO GET STAY ON DVC

Hi
This is Shiva from Hyderabad. A false 498A case was filled against me. I got my married in may 2008.The girl was not interested in the marriage and was not interested in the matrimonial life with me  .the girl left on same day . She  was not intrested in matrimonal life   So our family kept this issue in panchayathi commity in june 2008 . There after listening to both conversations they ended by giving divorce and I have to return the amount and belongings which is given by the girl. We followed the panchayats order and returned the amount and belongings,the panchayat has given written statement that everything is received from boy's end and given statement that both parties should not file any case against each other.From that day I didnt had any kind of relation with them.

she has filed interim maintainance and got judgement as1500 rs permonth.now i have to put counter for main DVC . can i get stay on main DVC as she has kept similar statemnts in 498a which is pending....i lost my job for attending courts every week . can i get stay on dvc if socan u please suggest any thing on this...

regards

SHIVA



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 August 2010

You won't get stay on the DV case. Contest the case on merits and get it dismissed.


(Guest)

@ Ms. Archana

I disagree to your advise simple reason being it was khap panchayat award which is not binding on Courts if the authors personal law does not say so. I see that personal law element missing from his post which is one reason of disagreement. Second with yoru permission I say your kindself overlooked that the boy has already been penalised with 1.5 K interim maint. under DV and from his post it reflects it has not been appealed for, so basically he has accepted the interim award of maint. and lastly the case has reached cross stage so it looks like that and now showing the khap panchayat award of divorce and infra center stllement (monetary) between boy and girl already done is not going to get the DV case dismissed is my opinion in totality which you may further disagree so to speak and I am also open for my say correction please based on Law points.

Adv Archana Deshmukh (Practicing Advocate)     18 August 2010

@ Arunji,

"....can i get stay on main DVC as she has kept similar statemnts in 498a which is pending....i lost my job for attending courts every week . can i get stay on dvc if so can u please suggest any thing on this..."

           I answered in the light of the quary that DV case cannot be stayed because of the similarity of statements in it and the 498A case, for the simple reason that the aim of both the laws are different...I never said that the DV can be dismissed on the basis of the panchayat award.. But there are other points on which if the case is properly put up then it may be dismissed on merits eg.  domestic violance need to be proved to get relief under the DV act, here the girl left the house on the same day of marriage, as stated by Shiva. Again I say, everything depends upon the facts and circumstances of a case and evidence on record and of course how properly it is presented in the court... so my reply was general


(Guest)

@ Ms. Archana

Yes, I do agree to your reply message. Thank you for explaining your views further.

shiva (sales)     18 August 2010

thanks alot for ur replies,can u please guide how to go about in my case....

shiva (sales)     20 November 2010

I have sent RTI Application to my father in law organization (FL) asking about what action will be taken against my FL who indulge in giving or abet in giving dowry?

After that, I got reply for that RTI stating that if proved that my FL has given dowry, action will be taken against central civil services( CCA) rules 1965. they have clearly mentioned that they also adopts central civil services conduct rules .

After that I had filed formal complaint to the organization of my FIL, sending the charge sheet and FIR copies of my 498A Case which are certified copies from court where he has already accepted of giving dowry. After that I  have sent RTI asking about the action taken on my complaint . After that a show cause/memo notice was issued to my FL to offer his comments against violation of employee conduct rules like Dowry Giving.I got reply to my RTI from my FL organization with a copy of his (FL ) comments on the show cause notice.

ith reference to letter datewd xxxx at para no xxx shiva(me) has wrongly stated that ,I have accepted giving gifts of gold,silver,dowry and othet house hold articles,the complaint is lodged by my daughter and the case is pending before the court as such the matter is subjudice.

The above mentioned allegations are false and baseless and they are not binding on me nor I am answerable to shiva,as I am Law abiding citizen and respect and follow rules of our department.when the matter is pending before the court,shiva reserves his right to put forth his case and finding or outcome of these case can be taken to the concerened authorities,when the matter is subjudice SHIVA should be curtailed to resort to these kind of activities which also come in the way of conducting proper investigation as the kind of activities will result into tampering the evidenceswhere as the court is pnpowered and has got jurisdiction to deal legally only the out come of it is binding on a person and no complaint of this nature which do not have confide intention and are made only to gain personally by making use of legal procedure wrongfully should be returned.

until and unless a charge is proved before the court ,shiva shall have no right to resort to this nature of complaints.
hence I request oirganization to kindly with draw the memo for the facts and reasons mentioned above ,otherwise i shall be put to irreparable loss of injury.

My question is my wife and her parents booked caeses like 498a dvc ,506 saying that my wife father has given dowry.Now I  got a document from his office through  RTI which is signed by him  says that he has not given any dowry nor any articles to me. because of this cases my family suffered alot, my mother got heart attack and expired . I lost my job i lost my life.. As my wife filed affadavit in DVC and can any one please help me how to get my wife and her father punished for booking me in false dowry cases with that ducument which I got from my father in law office.

Thanks

shiva


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