Dv act
Sujith
(Querist) 27 January 2014
This query is : Resolved
Dear experts iam facing dv and court ordered 4000 rs as interim maintannace and i didnt paid the money yet and now my wife is going to file execution pettition and i already filed for rcr,and custody and she withdraw the socity on her will and i have the same in stamp paper with her handwriting.will the court issue arrest warrent against me?and can i go for anticipatory bail?
Devajyoti Barman
(Expert) 27 January 2014
For such cases no AB would be allowed. Unless the order of interim maintenance is set aside you can not avoid payment and run the risk of getting arrested.
Rajendra K Goyal
(Expert) 27 January 2014
Better pay the interim maintenance and defend proceed other cases.
V R SHROFF
(Expert) 27 January 2014
u lost the chance to APPEAL u/s 29 of DV act.
You may try to file with delay condonation, but chances are rare, as Order seems to be justified.
I advise to start paying mtn.
RCR IS USELESS, AND CUSTODY WILL NOT HELP YOU.
Pay small amount, and demand time to pay in installment. It will work...
Biswanath Roy
(Expert) 28 January 2014
Are you a fool, idiot or stupid., I cannot understand. How could you dare to defy the order of the court for payment of interim maintenance willfully and deliberately? Immediately you surrender before the court and pray mercy otherwise the court may order for your Jail custody without any warrant for arrest.
Sujith
(Querist) 28 January 2014
i am not fool sir and nor idiot or stupid.first of all i have to say that i didnt commited any violence to har she withdraw the society on her own will and the same has been with me in her own writing on a stamp paper with more than 10 witness.i am not telling that i cannot keep her but her father and brother dont want to leave her with thts why i am not paying the maintanance.she is also saying that "court mein ladki ki hi chalti hai tht means she is so confident that this is gender baised law.
ajay sethi
(Expert) 28 January 2014
we know that you are not stupid . but please not that you have to comply with court orders . if court has directed you to pay Rs 4000 as maintenance better comply with said order . even if you file an appeal court will direct you to first deposit the arrears of maintenance .
Sujith
(Querist) 28 January 2014
ajay sir i swear i dint committed any violence and there plan was to kill me by giving poison and after that they want to take my whole share and live a well settled life and the same is with me in recording and the same has been i filed in my reply then also the court ordered me to give the maintanance i dont understand what type of law is this and what will happen.i am very sorry if you feel that i am arguing with the expert senior members like you.
Sujith
(Querist) 28 January 2014
section 5 of crpc 125 also mention that if a huband and wife are living separately by mutual consent, the Magistrate shall cancel the order.i think that the stamp paper which she written that "mein apne marzi se jarahi hu" is a mutual contest
ajay sethi
(Expert) 28 January 2014
we have advised you to comply with court orders . ultimately it is your call .if you comply in execution proceedings she may send you to jail .
Sujith
(Querist) 28 January 2014
ok sir i will pay the same
Devajyoti Barman
(Expert) 28 January 2014
Unless the order is set aside, you have no route of escape albeit many such written statements on stamp paper.
Advocate. Arunagiri
(Expert) 28 January 2014
You can challenge the order. But the appeallate court also sill direct you to pay the interim maintenance, till the disposal of the Revision. At the most, you can modify the amount by the Revision petition.
Advocate. Arunagiri
(Expert) 28 January 2014
We have every right to disagree with his attitude / approach. He may do a blunder mistake also.
We should not call querist as ",,,,,,,," etc.
It is my sincere suggestion to our learned experts.
Shonee Kapoor
(Expert) 28 January 2014
Narasimha Sir,
Would it not be better to confine the answers to the query and not make any personal comments.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
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If you don't fight for what you want, don't cry for what you LOST.
Biswanath Roy
(Expert) 28 January 2014
I need some modification of my earlier opinion. According to Law Family Court is also a court having same status. Deliberate and willful defiance to the order of the court is punishable by law. Commission of such an apparently illegal act and purging the same before a public forum like LCI reasonably creates a doubt about the personality of the querist because such defiance of the order of the court and purging it publicly can be done only by a fool,idiot and stupid only. IF ACT OF DISTRIBUTING OR SHARING KNOWLEDGE OF LAW MAKES A MAN GOD FATHER , NO MATTER. GOD FATHER WILL ALWAYS BE HAPPY WITH ALL OF HIS GOD GIFTED SONS.
Advocate. Arunagiri
(Expert) 28 January 2014
Mr.Roy,
I am very happy to share this LCI platform with you. You are enlightening the querist also other advocates, with your rich experience.
Once again, I repeat, I am happy that you are sharing your knowledge with others.
Guest
(Expert) 28 January 2014
I would prefer LCI to recognise atleast five cases to be won to make them eligible for LCI experts with proof since Tom dick and Harry had started advising
prabhakar singh
(Expert) 28 January 2014
Rest apart, blunder i know but 'He may do a blunder mistake also' i do not know. Saying blunder mistake is itself a blunder.
prabhakar singh
(Expert) 28 January 2014
Dear querist!
we should not marry if we do not intend to afford a wife with out means.
Guest
(Expert) 28 January 2014
About Expert Mr.Arunagiri his dispute with his own boss Mr.A.Venkatramani is displayed in website and Mr Arunagiri is always asking for records from author/querists to his personal Email to promote his income.WE ARE HERE TO HELP THE DESERVED WITH OUT ANY EXPECTATION AND UNDERSTAND LCI IS NOT FOR MARKETING
prabhakar singh
(Expert) 28 January 2014
Personally i discourage such a practice and condemn advocates trying to do so.
Guest
(Expert) 28 January 2014
Thank you My highly Respected Mr.Prabhakar Singh Ji
Devajyoti Barman
(Expert) 28 January 2014
This is platform to help litigants or laymen so they find the right path.
We should concentrate in that path only.
T. Kalaiselvan, Advocate
(Expert) 29 January 2014
Let us forget the other issues and concentrate on the querist's query. Though the author is absolutely innocent, once he has stepped into the court, he has to respect the law and is bound by the rulings. He has options for appeal, his case based on her stamp paper confessions could have been argued very well in the court than making it a issue in this portal. His lawyer should have taken care about this issue then, and at least he should have guided him for an appeal in case he feels that he has not been properly heard in the lower court and there is a miscarriage of justice through such order. Instead of repeating his own problems, the author should have given a wider look into the issue and should have taken appropriate steps at least after that.
Guest
(Expert) 29 January 2014
Mr.Arunagiri and Mr. Ajay Sethi are asking for Records from Querists and Mr Arunagiri always mentions to come back and these two people are active in mornings from 9 to 1 pm which proves they doesn't attend courts
ajay sethi
(Expert) 29 January 2014
Mr Njs Rajkumar
with great respect to you please desist from making personal comments on experts .please post your answers to queries raised only on this site .
Shonee Kapoor
(Expert) 29 January 2014
Won't it be better to take your grievance to the LCI management and not write such things here.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
Dr J C Vashista
(Expert) 30 January 2014
File appeal with condonation of delay, take a chance and see, you will get something, I am hopeful, rest is your luck.
However, start part payment of interim maintenance as ordered, to show your bonafidee.
Respected Members, let this platform be used for social service.
Biswanath Roy
(Expert) 30 January 2014
I agree to the opinion of Dr.Vashista take a chance to prove your bonafide.
I appreciate his call to members and requests experts to follow instructions of LCI IN THIS REGARD.
