Dv 498a
Priyanka87
(Querist) 11 July 2016
This query is : Resolved
Respected experts,
I'm priyanka, I have filed 498a and dv case on husband and his parents a year and half ago for giving me mental and physical torture. I have 2 queries here,kindly help me with your suggestions.
1. Maintanence case going on for me and my son. Can husband get away from paying maintenance by saying wife's parents are capable of taking care of wife and son showing wife's parents property details in court?
2. A1-husband,A2,A3-his parents. Charge sheet submitted by IO. Trail yet to start. Dates are being given for accused presence in the court every month(like attendance),3 dates over and only A1 is appearing. what can be done to bring A2 & A3 to court? Can I talk to PP and show him necessary proofs that prove A2 & A3 are healthy enough to walk to court?
Kindly note: my 498a is not fabricated/false as I have necessary proofs for physical(MLC) and dowry harassment(voice recording).
Devajyoti Barman
(Expert) 11 July 2016
1. Wife's parents income is no consideration to the maintenance of wife. So ignore his attempts.
2. If in spite of service of summons the witnesses are not coming then you can apply for issuance of warrant of arrest.
Priyanka87
(Querist) 11 July 2016
Thanks for the reply Devajyoti Barman sir and sorry for the wrong terms used as I'm unaware of terms. After submission of charge sheet dates are given for accused Persons appearance in the court every month(accused custody given to court by IO after charge sheet,kind of attendance of accused) before trial.
Guest
(Expert) 11 July 2016
Have you asked these questions to your own lawyer. What is his opinion, can you describe here?
R.K Nanda
(Expert) 11 July 2016
Nothing to add.
Priyanka87
(Querist) 11 July 2016
P. S. DHINGRA sir my lawyer is the one who put this question in my mind. He only told me that husband can escape from paying maintenance by doing so. From my previous query and the replies to it I'm gonna change my advocate as I doubt he is guiding me wrong.
Priyanka87
(Querist) 11 July 2016
So on seeking guidance from experts here I thought of putting these points before him.
Priyanka87
(Querist) 11 July 2016
As I have little knowledge on how things will go on in maintenance cases after joining here and from google, did not totally believe in his words. Looks like he is only behind scaring me and make money by doing so. Please help me with my second question also.
Guest
(Expert) 11 July 2016
Ms. Victim, whosoever you are,
You may be having little knowledge, but your lawyer is not supposed to have little knowledge.
If your paid lawyer is unable to provide you any solution and can only put questions in your mind, why not change that worthless lawyer.
Don't think that experts here will make home work for and on behalf of your paid lawyer. If he has charged fee and unable to find answer, he may consult some local colleague to sort out his puzzle.
Rajendra K Goyal
(Expert) 12 July 2016
1. Husband can not get away from paying maintenance by saying wife's parents are capable of taking care of wife and son showing wife's parents property details in court. He has to pay maintenance for his son.
2. If accused are not attending the court, prey the court to cancel the bail / issue warrants.
Rajendra K Goyal
(Expert) 12 July 2016
If your lawyer is not cooperating / is not capable to handle the case, you have the option to change.
Dr J C Vashista
(Expert) 14 July 2016
Very well advised by experts, I agree.
Shonee Kapoor
(Expert) 15 July 2016
1. Parents income is not of any consideration.
2. If the accused has not been appearing after summoning then the courts would be issuing Bailable Warrants and then Non-Bailable Warrants. It seems they have not been summoned.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Priyanka87
(Querist) 15 July 2016
Thank you all for your valuable advice.
Dr J C Vashista
(Expert) 16 July 2016
I find the author is anonymous adopting name of "Victim" which should not have been entertained by experts.
