498 and 125 cases
priyanka
(Querist) 23 May 2013
This query is : Resolved
hello all respected members! thanks for previous advice..after summoned for 498 and 125 cases my husband showed appearance in the honorable court, that day honorable judge asked us(me and my husband)few questions related to dispute and my estimate for maintenance..and then asked for mediation which both of us rejected simultaneously...now my husband is asked by the court to submit his reply with in three days...which he is going to submit tomorrow. ques:1- what is going to happen next? 2-do i need to sign somewhere in acceptance of his reply? as everything is written in Gujarati cause i am in Gujarat state...so if it is so..i will take someone who knows the language well. 3-the date of nxt hearing is already given to us...which is within 10 days of the submission of the reply by my husband.kindly tell me what is going to happen tomorrow..?
kindly tell me soon!
ajay sethi
(Expert) 23 May 2013
he will submit reply and copy will be given to you . if you dont understand gujrati then you can get reply translated in english language
Raj Kumar Makkad
(Expert) 23 May 2013
You are required to post your subsequent post in the same thread.
priyanka
(Querist) 24 May 2013
ok thanks a lottt...leaving for the court..will discuss further in the same thread..thxx again every1
V R SHROFF
(Expert) 24 May 2013
You can receive copy of REPLY. YES, YOU need to sign in acceptance of his reply. as everything is written in Gujarati cause i am in Gujarat state...so if it is so..i will take someone who knows the language well. 3-the date of nxt hearing is already given to us...which is within 10 days of the submission of the reply by my husband.TOMORROW ONLY REPLY WILL BE SUBMITTED, NEXT DATE FOR Arguments.after that ORDER.
priyanka
(Querist) 24 May 2013
hello everyone..and thanks for your support which i get from your replies before i attend the court.thanks again.
Shroff sir,my lawyer was absent today so i thought if i may have to read the papres before sighing them! anyways..i have recieved the copy of husband's reply..and the nxt date is given its after 10 days.
sir, as per his reply he has denied eveything. i have proof of incidents in form of audio CD and my sons have witnessed every event of the DV which hubby is denying completely...
Q: can i produce CD as an evidence in the court?
Q: can my elder son who is 16 years old be presented as witness?
my husband says i dnt allow kids to meet him.
Q: my sons(16y n 12y) dont want to meet him themselves..can they say it and court will listen?
Q:.my husband's reply says that i have filed a late case so they are not valid(i have filed the case in 2012 and mentioned that dispute began in 1999...till 2012 i was trying to compromise verbally but my husband denied that i ever wanted to reconcile...so for the last time i did it on mail..since he was posted out and this time i too wanted a proof that i dont tell lies.)
so The letters (of trying to reconcile )between me and my husband in the time period of 2009 to 2012 will suffice the need?
Raj Kumar Makkad
(Expert) 24 May 2013
You can produce CD in your evidence as desired. Your elder son can also be produced as a witness in that case. Court shall definitely listen even your second child.
There is no limitation to file DV Act case.
priyanka
(Querist) 25 May 2013
thank you for the knowledge.
also written in his reply that the EMI of the house(on his name) where we(myslf with two sons)are residing and the EMI of the car(with me)and the fee of the children is paid by the husband so i am not entitled to demand further maintenance!
ques: what about other needs..food/books/uniform/house running expenses/petrol and ..so many genuine needs..everybody have children and family..do i need to show my grocery bills and other bills to proof that we eat food and wear clothes..and pay for electricity..gas...i mean..the list is on for a household of two children one dog(big) and myself.(just for information:i married a class one officer who soon became the head of the department.. today he holds the second head of an oil terminal.Due to his own dishonest conduct in the company he has been given one post junior and a remote posting place as a punishment.)...
as far as i can think...court will consider this fact..of our status and living standard in civil society...
please tell me...never ever thought of all this.
priyanka
(Querist) 25 May 2013
kindly answer my query mentioned above in the same thread, i forgot to assign its new status(open) so i am requesting..
priyanka
(Querist) 25 May 2013
kindly answer my query mentioned above in the same thread, i forgot to assign its new status(open) so i am requesting..
adv. rajeev ( rajoo )
(Expert) 25 May 2013
After filing objections, next stage will be for your evidence.
V R SHROFF
(Expert) 25 May 2013
Probably maintenance of BIG DOG will not be allowed.
In your Evidence,You must demand everything.
With sufficient proof and documents. You must submit list of doc + witnesses you relied upon, and be prepared to produce Witnesses who will also be cross examined by his Advocate. You will also be cross examined after you file Affidavit in Evidence on next date.
Bal procedure, your Advocate will certainly explain you.
which court/ location of court?? If u scan and send "Reply" it can be well advised, to include important points for filing your evidence (As I know Gujarati well)
You will need to prove his income. You can demand Inspection of Documents, of his income/ I Tax, and ask Interrogatories as CPC Order 11 Rule 1 Applicable. He is legally bound to produce it within 10 days or his defense is struck ed off. It is advantageous over 125, as 125 is purely criminal Procedure, and burden of proof is yours, Whereas D.V. is Quasi Civil Procedure, and Questionnaires are allowed, that double up your chances to Win with very high amount.
priyanka
(Querist) 25 May 2013
well Shroff sir,either you tell me your email or accept my friends request so that i can send you PM.
priyanka
(Querist) 25 May 2013
haha now i understood the statement that "maintenance of BIG DOG"...i thought its some kind of saying in legal terms....lol....i was writing in flow and written about our dog too...i know we are in india...otherwise america me tou dog ka bhi miantenance mil jata hai...anyways...coming back to the point,i need to attach scan copy which i cant in PM so u need to give me your email..or tell me how can i send it.
priyanka
(Querist) 26 May 2013
good morning advocate Shroff sir kindly tell me how can i send you the reply ..where should i attach it ..i have got it scanned.
priyanka
(Querist) 26 May 2013
query is still open..
ajay sethi
(Expert) 26 May 2013
search in LCI data base for mr shroff email id
priyanka
(Querist) 26 May 2013
got it thank you Sethi sir
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 May 2013
Great experts and long live the gender biased laws.
This problem is from the year 1999 and the spouse is employed.
Persons in similar situations you also have many options for counter actions.
First starting from GEETA Mehrotra case of 2012 to now Shrinivas Rao case of 2013 which mandates obligatory mediation by APEX COURT.
