Short dates in court
Radha
(Querist) 11 August 2014
This query is : Resolved
Dear Sir/Experts
I received court summons and I found out that one date has already been passed and the second date is due soon. No warrants have been issued. But what is surprising that the court has given dates of one month each. Whereas my lawyer was saying that the dates should be at least for 6 months. When my brother got the case record, we found that he had been given many dates of 3-4 days intervals and the case is running super fast. The time between filing the case and issuing of summon is just one month and my lawyer says that it normally takes upto 1 year. I am being told by my sources that he is bribing the peshkars to take shortest possible dates to harass me & my brother. His plan is to make me run from my city to his city many times in a month.
Please guide me where to complain about this illegal activity done by him.
R.K Nanda
(Expert) 11 August 2014
pray to concerned court to give longer dates.
Radha
(Querist) 11 August 2014
What is the appropriate time gap between dates I should pray for. I want to run the case as slow as possible.
Devajyoti Barman
(Expert) 11 August 2014
No complaint would work.
On the contrary the court would be praised for expediting the case.
If on a particular date you have difficulty to attend, your counsel should manage.
Radha
(Querist) 11 August 2014
I live in different city. My husband filed cases to take revenge because i filed dowry case on him. Now if I have to fight this case and I am unable to concentrate on my other cases. What are my options to delay his case?
Is it justified to run cases so fast that I cannot even meet my lawyer and prepare for my defense. I am tensed by the fear that a warrant can be issued anytime against me. What should I do?
R.K Nanda
(Expert) 11 August 2014
pray to concerned court to give longer dates of at least 3/4 months
as u live in different city and is difficult to attend short dates for you, as advised by me earlier to you.
Radha
(Querist) 11 August 2014
Thank you Barman Sir and Nanda Sir for the advise. But my husband is too cunning and he will even contest my this application saying that I want to delay the case. He attends every date in my cases also. He will make sure that the magistrate comes under pressure. It is really difficult to fight cases with such kind of people.
Devajyoti Barman
(Expert) 11 August 2014
we can not advise to delay prosecution. Speedy trial is a right of a party.
Rajendra K Goyal
(Expert) 11 August 2014
Approach competent court to get the suit transfer at your place.
Radha
(Querist) 11 August 2014
My brother requested our lawyer to get the case transferred but my lawyer is saying that we will have to go to supreme court for interstate transfer. He is also saying that since the alleged crime happened at my husbands city, the transfer case will get dismissed and so he advised to not go for it.
He also said that matrimonial cases like divorce etc can be transferred at girls place but not criminal cases.
Devajyoti Barman
(Expert) 11 August 2014
No harm in trying for transfer from SCI.
Radha
(Querist) 11 August 2014
On what grounds will I seek transfer? My town is less than 500 km away from his place. I am in job and I have a small child. Can these grounds help me in getting the transfer?
Someone told me that the distance should be more than 1000 km to get the transfer.
Can I claim that my husband has undue influence over the court and I fear that he can influence the process by using his money power or by influencing people inside the court.
Sudhir Kumar, Advocate
(Expert) 12 August 2014
experts to refer
http://www.lawyersclubindia.com/experts/Worried-harassed-by-husband-487246.asp#.U-laB6NvdG0
Sudhir Kumar, Advocate
(Expert) 12 August 2014
also refer
http://www.lawyersclubindia.com/experts/Character-assassination-by-husband-487291.asp#.U-laAqNvdG0
Sudhir Kumar, Advocate
(Expert) 12 August 2014
you have not stated whether both the towns are in different states. If yes then your lawyer is correct.
Approach Supreme Court.
Sudhir Kumar, Advocate
(Expert) 12 August 2014
you said
"What is the appropriate time gap between dates I should pray for. I want to run the case as slow as possible. "
Mr Barman replied
"No complaint would work.
On the contrary the court would be praised for expediting the case.
If on a particular date you have difficulty to attend, your counsel should manage."
I partially disagree. Even a single day non-appearance can result in bail cancellation in criminal case and exemption should be applied in advance for a particular date.
Radha
(Querist) 12 August 2014
My husband's family uses something called 317 application and are never ever present on court dates.
Devajyoti Barman
(Expert) 12 August 2014
yes can also use this provision as well as section 205 crpc.
Absence of accused party is not harming fat all let alone for cancellation of bail if he is duly represented by his lawyer.
No advance notice is required to be submitted for his absence in a particular date.
Radha
(Querist) 12 August 2014
Sir what is more advisable
to hire a new lawyer at my husbands city
or request my current lawyer to travel and attend all dates.
Also if we leave our case on a new lawyer, what kind of risks are there and what precautions should we take.
I have heard that sometimes few lawyers also gets influenced by opposite party. Like in my case his lawyer was influenced by my brother.
Rajendra K Goyal
(Expert) 12 August 2014
Once you get orders from Supreme Court, your most problems would be over. Your Husband and not you would have to travel.
Radha
(Querist) 12 August 2014
Goyal Sir, it is a criminal case of 420 against me & my brother and not a divorce case. My lawyer is saying that it will be a waste of money and effort because all the alleged crime is shown in my husbands city. According to my lawyer, only because accused have difficulty in travelling for few hrs the court generally does not entertain such requests. So why go for something which will cost us and may not yield any results.
ajay sethi
(Expert) 12 August 2014
go as per your lawyers advice
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
I endorse the view of expert Mr. Ajay Sethi, you may go with your lawyer's advise, because this is no place to render any advise on day to day issues and the experts cannot give you a favorable suggestion so that you misuse it for avenging your husband. Genuine and Reasonable queries are properly addressed and best advises are given by experts here.
V R SHROFF
(Expert) 18 August 2014
You can get case transferred.
in civil cases , you need not be present all the dates.
In criminal, he will be in trouble, not u.
Radha
(Querist) 19 August 2014
V R Shroff sir, kindly tell me how he will be in trouble in criminal case of 420 which he has filed against me.
I want to teach him a lesson. How can a husband even dare to file a 420 case against his own wife. Whatever belongs to a husband is ultimately going to his wife only. Even after death of a husband, wife gets all the property.
Kindly give me advice as to how I can teach him a lesson in his 420 case against me.
Sudhir Kumar, Advocate
(Expert) 20 August 2014
So far no expert, in all of the three threads created by her, not spoken a single word as to suggest ways and means to harass innocent person.
You such expectation can be made to senior member like Mr Shroff. His profile itself says that even in his practice he doe snot take the vexatious cases even when paid by clients. How can he be expected to buy sin free of cost.
Sudhir Kumar, Advocate
(Expert) 20 August 2014
"How can a husband even dare to file a 420 case against his own wife. Whatever belongs to a husband is ultimately going to his wife only. Even after death of a husband, wife gets all the property."
Yes. provided she remains wife and does not provide grounds for divorce and husband does not utilise these grounds.
Sudhir Kumar, Advocate
(Expert) 20 August 2014
"How can a husband even dare to file a 420 case against his own wife."
He has already dared.
You can ask him this question in court, if intending to attend.
Sudhir Kumar, Advocate
(Expert) 20 August 2014
So far all experts are advising you to defend in 420 case.
You are being advised to attend the case a avoid going to Jail as undertrial. "Jail" it gives rosy look only in movies.
This way you will save yourself from learning a lesson and fight back.
Convicted in 420 case you will loose every straw.
Radha
(Querist) 20 August 2014
My father is asking me to compromise with my husband and he is not taking interest in the cases.
I and my mother are of the opinion that my husband should be sent to jail because if we go for compromise, he will ask his money back. He will even ask for his side of jewelry from me and we will also have to take back cases. 420 case is a very small case and my case of dowry is a very effective case where he can be punished and sent to jail for years.
And since I filed the case first, I will only win the case.
Sudhir Kumar, Advocate
(Expert) 20 August 2014
Section 420. Cheating and dishonestly inducing delivery of property
Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Sudhir Kumar, Advocate
(Expert) 20 August 2014
Section 498A. Husband or relative of husband of a woman subjecting her to cruelty
1[498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punÂished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Sudhir Kumar, Advocate
(Expert) 20 August 2014
"420 case is a very small case and my case of dowry is a very effective case where he can be punished and sent to jail for years."
you can read law above and see that ion 420 it is jail upto 7 years and in 498a jail is upto three years.
T. Kalaiselvan, Advocate
(Expert) 20 August 2014
Expert Mr. Sudhir Kumar is exhausting all his energies to an undeserving person. The author has not approached this portal with clear and clean heart and mind, so it will be better to refrain from giving her anymore advises.
Radha
(Querist) 20 August 2014
I do not know why all experts are treating me like this. It looks as if I have done some mistake by taking help from the experts. All lawyers lie in their private chambers but here in the open everyone wants to behave like god. I know that in private few lawyers do all kind of dubious acts but here they act like raja harischandra.
I did not receive any genuine advice from this forum. I was only ridiculed here because I left my husband and I want to live an independent life.
Sudhir Kumar, Advocate
(Expert) 21 August 2014
This is a charitable forum. None will add to his sins while doing charity.
What ever advise you are getting in charity is almost the same which your paid lawyers are giving.
Advocate. Arunagiri
(Expert) 21 August 2014
@Ms.Radha:
You have stated
"I know that in private few lawyers do all kind of dubious acts but here they act like raja harischandra."
How many lawyers you have seen as stated above?
You are commenting on the lawyers in a public forum.
Radha
(Querist) 21 August 2014
Mr Arunagiri. Just spend some time near any court in India and you can hear yourself how lawyers advise filing false dowry and other cases. And suddenly in my case everyone is making me feel that I did something wrong. How else I am suppose to take my share of money from my husband. Once I close this chapter, I may file a case against my brother to take my righteous share in my father's property. What is wrong in using the law for protection of ones right.
And yes I never said that all lawyers are bad. Like in any profession there are good lawyers also and I am sure some are in this forum also.
Sudhir Kumar, Advocate
(Expert) 21 August 2014
statement is made by you and not by Mr Arunagiri
"I know that in private few lawyers do all kind of dubious acts but here they act like raja harischandra."
Please give list of all such lawyer who you know who advise their clients how to frame innocent persons in malafide cases.
PERHAPS YOUR LAWYER IS NOT SUPPORTING YOUR VIEWS
Sudhir Kumar, Advocate
(Expert) 21 August 2014
I am thnakful for compliments of Mr Arunagiri
"I appreciate Mr.Sudhir Kumar for his patience."
My own wife has sought advise from this forum on my time wasting for advising free on this forum where persons like this author also come.
But be clear I have not advised here for executing her designs. No other expert is so advising and this frustrates her.
Radha
(Querist) 21 August 2014
I think this discussion is a waste of my time as well as your and all experts time. I just wanted some help from this forum to defend myself from cases filed by my husband.
Even people like Kasab gets legal help to contest their cases on merits but here I am, a girl who has filed a case of dowry and in return gift my husband a filed a 420 case on his own wife just because my brother could not return his money. No one in this forum is even willing to give me a genuine advice. Knowledge increases when u share it. But here all lawyers wisdom is only for sale.
Sudhir Kumar, Advocate
(Expert) 21 August 2014
"No one in this forum is even willing to give me a genuine advice. "
GENUINE ADVISE IS LET YOUR BROTHER REFUND THE MONEY. LET HIM NOT SPOIL YOUR LIFE.
T. Kalaiselvan, Advocate
(Expert) 22 August 2014
The author is crossing her limits, let she bear in her mind that no lawyer or an expert is bound to reply to all her funny and criminally motivated questions, utilising which, she will go for more high handed activities, which this forum or experts will not encourage and nobody will give her a wrong advise to her just to appease her or encourage her to do more and more wrong things a against her husband. The experts or lawyers here are not fools that they will remain calm listening to all her insulting posts till the end, hence, let she stop her insulting and defamatory comments against every one here who gave a reply to her, lest she may be mulcted with the consequences.
Sudhir Kumar, Advocate
(Expert) 22 August 2014
statement is made by you and not by Mr Arunagiri
"I know that in private few lawyers do all kind of dubious acts but here they act like raja harischandra."
Please give list of all such lawyer who you know who advise their clients how to frame innocent persons in malafide cases.
Please give list of all such lawyer who you know who advise their clients how to frame innocent persons in malafide cases.
Please give list of all such lawyer who you know who advise their clients how to frame innocent persons in malafide cases.
YOU HAVE RENDERED YOURSELF LIABLE FOR CRIMINAL PROSECUTION FOR DEFAMATION.
Mr Arunagiri is based in Chennai where he has felt humiliated and entitled to sue yu at Chennai.
Devajyoti Barman
(Expert) 22 August 2014
I wonder how and why the experts repeatedly finding time to reply the queries.
The posts are not even worth of attention.
Radha
(Querist) 22 August 2014
I do not intend to insult or defame anyone here in this forum. I have lot of trouble in my life and I do not wish to add any more trouble. So thanks to all the experts for your valuable inputs. And apology to anyone who felt offended by any of my unintentional comments.
Shonee Kapoor
(Expert) 22 August 2014
Such discussions should be closed by the admin.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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.
Radha
(Querist) 22 August 2014
I agree with your view shonee
Sudhir Kumar, Advocate
(Expert) 22 August 2014
may be having many othertroubles
may be conveying thanks to experts 9WHICH YOU EARLIER DID NOT)
statement is made by you and not by Mr Arunagiri
"I know that in private few lawyers do all kind of dubious acts but here they act like raja harischandra."
Please give list of all such lawyer who you know who advise their clients how to frame innocent persons in malafide cases.
Please give list of all such lawyer who you know who advise their clients how to frame innocent persons in malafide cases.
Please give list of all such lawyer who you know who advise their clients how to frame innocent persons in malafide cases.
YOU HAVE RENDERED YOURSELF LIABLE FOR CRIMINAL PROSECUTION FOR DEFAMATION.
Mr Arunagiri is based in Chennai where he has felt humiliated and entitled to sue yu at Chennai.
LIKEWISE OTHER EXPERTS SITTING IN ANY OTHER CITY............
Radha
(Querist) 22 August 2014
Sudhir Sir I have rendered my apology if anyone has felt offended by my comments. It was unintentional and not to defame or insult anyone in this forum.
Even u said so many things about me but did i question your integrity even once. Just think about it.
I was not commenting on any one person. And I do not know any of you personally. So there is no question of my intention to defame or offend anyone includine Mr. T. Kalaiselvan. All of us make general comments about bad lawyers or bad police or bad politicians. My comments should be seen in that light only.
Radha
(Querist) 22 August 2014
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(Querist) 22 August 2014
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(Querist) 22 August 2014
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