Need suggestion regarding domestic violence act
victim_of_dc_act_lost_carrier
(Querist) 05 May 2012
This query is : Resolved
in my reply to dv act my lawyer wrote about audio clip which will be play at the time of need. In this audio clip maximum major allegation get nullified.
How to present the audio clip whether it is necessary to get its authentication before presenting in court or after they denie it as my lawyer is reluctant in presenting audio clip in court.
My doubt is that if i give transcript of audio clip to oppo. party before authentication or presenting to judge they may try to temper or find out new story of it,so how to present if effectively.
My wife was working in the chamber of her lawyer who is legal aid member too. he was coming 3 km in oppo. direction to pick-up her and drop her every day. and in court case they shown her jobless to get advantage of sympathy. in my reply i wrote every thing about her and her lawyers involvement in our life. Now his lawyer want his name to be removed from reply and she is demanding 25-30 lacs for mutual divorce as this issue exploided to much in bar members.
in last hearing they fought with us intensionally but still my lawyer stopped me from filling case against them and just one application or complain was submitted in police station of court which was acknowledge by police too.
I too needed divorce but amount she demanding is impossible for me. So pl. tell how to proceed for mutual divorce or i should file divorce case on cruelty basis. Is court is stub-born in case of mutual divorce and it can not fix genuine amount?
IF their would been mutual understanding than there was no need of divorce........
How to remove her lawyer from this case as he is legal aid member and another legal aid member can assist her but that will be professional no too much personal as her current lawyer.
They took time upto 4th aug 12 for next hearing on 27th mar 12. Which is too long period to weaken case with time. how to request court to ask police to investigate in court premises itself that whether she was working in his premises or not and he was personally coming to pick-up and drop her on his bike every day. all society members know this fact but how to iniciate action.
ajay sethi
(Expert) 05 May 2012
does your wife have PAN card ? is she filing her income tax retruns?
if you dont want to pay rs 25 lakhs she is demanding fight the case .
you cnanot remover her lawyer . she has engaged his services . it is for her to decide whom she wants to appear on her behalf .
if 4 months date is given it is good for you . ultimately your wife will get fed up with long adjournements and settle the court case .
have faith in your lawyer . if your wife is in relationship with another man you can hire detective agencty if you so desire
victim_of_dc_act_lost_carrier
(Querist) 06 May 2012
1st hearing: they got momentary relief and monthly payment which was 1/3rd of my salary.
2nd hearing: when i filed reply they objected with cpc which was denied by court and girl shouted over judge that we are putting fake allegation over her and "With 1/3rd salary did i purchase her" she was expecting 2/3rd. her lawyer threaten my lawyer not to come to court for this case as some allegation was again him too as he was personally involved.
3rd hearing(AE): girl was deliberately absent. My lawyer was absent as he had threat of getting trap in fake of "Chhead Chhaad" as told to me by my lawyer and secratery of bar present in court from my side he did not filed his vakalatnama but told judge for settlement to put case a side but judge refuse and told he will follow evidence and opposite lawyer she told " I am happy to dismiss this case, why she is absent she was shout for injustice, last and final oppurtunity for AE". They told to secretary regarding compromise before apperance but afterward came to know me that her lawyer want to remove his name and she demanding 25 lacs started with 1cr. I was not present in this negotiation i got information from my lawyer. 1cr i agree because she several time demanded such amount from me.
4th hearing: Judge was on leave and from acting judge demanded long date as she is coming from M.P to Delhi to attain the case. I told my lawyer to object but he did not say any thing and i kept quite. Evidence by affidavite which they filed on 2nd date was not on record and on third date also they didn't said any thing and on 4th date evidence by affidavite came on record.
After coming out of court they came from behind and attacked on use crowd gathered and matter settle. i told my lawyer to file case but he told only police complain expecting no police action.
Now my lawyer is saying come to high court he is lawyer there, will take me to judge to discuss such scinerio to eliminate his lawyer from case. She having free of cost lawyer having very personal intensions.
I am happy to have long gap but worried that telephone record which is important evidence in court may get vanish from record of service provider and i dont have approach to get there telephone record.
How to get the telephone record of them in court before it get vanish.
victim_of_dc_act_lost_carrier
(Querist) 06 May 2012
Several times she threaten me for fileing case before this case when we were staying to gather and i have recording of it too.
Can any way any case can befile against them to bring out the fact and she come down to earth as she flying on sky due to her lawyer and other support. I am getting fade-up with law procedure and complication and same they also want to break me. Please guide me to bring actual fact in front of court as such tactics are new to me.
Shonee Kapoor
(Expert) 06 May 2012
The point of law how to get the audio clip admitted.
Make transcript of the audio file
Submit the CD with transcripts alongwith an affidavit of 65B of Indian Evidence Act.
Original media can be asked for court for scrutiny.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
