Enquiry

Querist : Anonymous (Querist) 09 December 2011 This query is : Resolved
DEAR SIR,

MY WIFE HAD FILED A DVA AGAINST ME & MY FAMILY FOR MAINTENANCE & RELIEF. AFTER THAT I FILED RCR FOR RE-UNION WE HAVE A MALE CHILD AGE 3. THE ALLEGATIONS SHE HAD GIVEN ARE FALSE. THERE IS A STATEMENT OF HIS FATHER STATING THAT "ALL THE ALLEGATIONS IN THIS CASE ARE FALSE" WHICH WE HAVE RECORDED IN THE CD. ON THE PREVIOUS HEARING WHEN WE PRESENTED THE CD HE SAID HOW CAN I USE IT & SAID BRING THIS WHEN THE TRAIL BEGIN.NOW THE JUDGE TOLD US ON THE NEXT HEARING IT WILL BE EN-QUERY .

1. When the time of en-query can she include more allegations which is not given in the Main DVA petition.
2. Is me & my family should go to the court every time.

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Raj Kumar Makkad (Expert) 09 December 2011
1. No. She cannot add more allegations in writing without obtaining prior permission of the concerned court.

2. No. Your counsel can represent you as your personal presence is not required in such cases.

Rajeev Kumar (Expert) 09 December 2011
1) No 2) No

Shonee Kapoor (Expert) 09 December 2011
Agreed with both experts.

To get the voice admitted, it has to be on original media only.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 10 December 2011
every Body SAYS THE ALLEGATIONS SHE HAD GIVEN ARE FALSE.

this WILL FAVOR YOU "THERE IS A STATEMENT OF HIS FATHER STATING THAT "ALL THE ALLEGATIONS IN THIS CASE ARE FALSE" WHICH WE HAVE RECORDED IN THE CD."
1] When the time of TRIAL she CANNOT include more allegations which is not given in the Main DVA petition. she CAN APPLY TO ADD, AND YOU MUST OBJECT, BUT USUALLY JUDGE ALLOW IT.

"Is me & my family should go to the court every time" ANS - NO

Querist : Anonymous (Querist) 10 December 2011
Thanks to experts

As my lawyer said All the members in our family have to appear at the time of Trial , cross-examining and At the time of judgement. I and my father & mother can appear but on my sister and her husband.

1. I the RCR will help on DVA Relief?

2. Till now she didn't give any counter for the RCR? already 2 hearing is complited.

3. Is the case is moving in right direction?

Devajyoti Barman (Expert) 11 December 2011
1. Yes
2.The apply for ex parte hearing.
3.Yes

V R SHROFF (Expert) 11 December 2011
ask your advocate to apply u/s 205 Cr.P.C. for Permanent Exemption, and will appear only for evidence

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