Help related to dv case

Querist : Anonymous (Querist) 28 November 2011 This query is : Resolved
Respected sir,

In case of Domestic violence if Appeal is pending in Session court.

Advocate of Complainant is not submitting any evidence in support of income proof from past one and a half year but again and again submitting application of Distress warrant, threatening to sent the respondent into jail and control over property possesed by him in non complainance of Order issued by trial court.

Advocate of complainant donot have any evidence in support to prove how much huge income they have shown in the complaint.

in such a condition just taking dates and increasing maintenance amount which is unjustified and creating fear and threat to distroy lives.

trial courrt magistrate passed interim maintenance of Rs 10,000.00 for the earner whose income is mere 6500.00.

related evidences are submitted in appeal but either Complainant Advocate are not presenting on dates or they take dates from past 1 1/2 year. submitting distress warrant and praying for execution sent the respondent to jail and give possesion on the flat in which he is residing.

kindly suggest in such a condition what one shall do.

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Devajyoti Barman (Expert) 29 November 2011
Then press for early hearing of appeal. The appellate court is generally not so generous to postpone the hearing so many times.
Another thing, in the appellate court neither of the parties can give any fresh evidence. The appellate court would only decide whether in the facts and circumstances of the particular case the impugned order is right or wrong.

Shonee Kapoor (Expert) 29 November 2011
No recourse but early hearing of appeal or WRIT in HC.

Regards,

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

M/s. Y-not legal services (Expert) 29 November 2011
actually appeal before sessions court can not be pending so long days.. if records received from trial court mean arguments will be heard., even your counsel should give pressure before the sessions court.,

beyond your objection court will not grant no more adjournments

Raj Kumar Makkad (Expert) 29 November 2011
You should seek stay order against the order under appeal so that it may not be got executed till the finalization of appeal and this is the only way to solve entire problems. This shall be a big blow for the complainant and his counsel then shall be the person to request sessions court to dispose off the appeal as soon as possible.

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