Caveat
Querist :
Anonymous
(Querist) 02 October 2011
This query is : Resolved
Dear Experts,
Iam as husband filing a Judicial Separation case against my wife. So far she has not filed a single complaint against me officially nor has she proof of domestic violence but only minor quarells. But I suspect she will file a DV case against me when she gets notice on Jud. Sep case. Is there a caveat system in lower courts where I can apply
so that no action is taken by the metropolitan magistrate before he gives me a hearing.
Thanks in advance.
ajay sethi
(Expert) 02 October 2011
under Dv act the court will garnt you a hearing before passing any order . you shall be entitled to explain your side of story .
R.Ramachandran
(Expert) 02 October 2011
The facility of filing 'Caveat' is not available in the Lower Courts. However, as indicated by Mr. Sethi, you wil get a chance of hearing before any order is passed by the Court in the DV Case against you.
Advocate M.Bhadra
(Expert) 02 October 2011
There is no preventive measure against the criminal case like as D.V.,"Caveat" is applicable in civil suit.You will get notice to file a 'Show Cause' against the D.V.case.
kuldeep kumar
(Expert) 02 October 2011
as said by expert r.ramchandaran caveat is not available in lower court.i m non practising man..can u pls further add which court caveat facility is allowed and filed.
R.Ramachandran
(Expert) 02 October 2011
Dear Mr. Kuldeep,
Caveat is allowed in Suits and Appeals (and not in writ petition) before the High Courts and Supreme Court.
kuldeep kumar
(Expert) 02 October 2011
law maker r died long ago but left a problem with us.language of law is uncertain yet very certain.thank sir ur name very long to adress..shortly RR..OBLIGED
Raj Kumar Makkad
(Expert) 02 October 2011
Kuldeep! you being a law graduate certainly know this legal provision even then raising this absurd query seems............
kuldeep kumar
(Expert) 02 October 2011
hahahahaha...ABSURD QUERY,,not fair enough..people use lci for knowledge gaining sirrrrrrrr my dear sir.i m law graduate but i need support of learned mans like u..i hope u understand me...
Raj Kumar Makkad
(Expert) 02 October 2011
Kuldeep! come on yahoo instead of fighting here.
Shonee Kapoor
(Expert) 02 October 2011
Dear Brother,
Not only DV, you might well have to deal with 498-a as well.
Has the summons been served?
Otherwise take appropriate preventive actions in both areas, yours as well as her PS, information regarding current case should be provided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 02 October 2011
CAVEAT is not defined in CPC.
The Law Commission opined its'need that there should be one in CPC hence section 148A was inserted in CPC by the Central Act No. 104 of 1976.
Section 148-A reads as follows:
“148-A. (1) Where an application is expected to be made, or has been made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under Sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgment due, on the person by whom the application has been, or is expected to be, made, under Sub-section (1).
(3) Where, after a caveat has been lodged under Sub-section (1), any application is filed in any suit or proceeding, the Court shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator, at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be filed by him in support of the application.
(5) Where a caveat has been lodged under Sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in Sub-section (1) has been made before the expiry of the said period.”
THE FOLLOWING ARE SOME CASES ON THIS SECTION::
1]Nirmal chandra v. Girindra narayan,AIR 1978 Cal 492;
2]Seethaiah v. Govt. of A.P, AIR 1983 AP 443;
3]Siddalingappa v. Veeranna,AIR 1981 Kant 242
THE CAVEAT IS ALSO AVAILABLE UNDER INDIAN SUCCESSION ACT IN PROBATE PROCEEDINGS.
kuldeep kumar
(Expert) 02 October 2011
i m thankful to mr expert singh for his invaluable deductions of law materials
Sailesh Kumar Shah
(Expert) 04 October 2011
Shri R. Ramachandran
With Due Respects, I am not agree with Caveat is not allowed in writ petition before the High Courts and Supreme Court.
Thanks
with Regards,
