Suggestion required
Sk Rajjak Hossain
(Querist) 17 September 2018
This query is : Resolved
Dear Sir, In 2016 Wife has filed 498, DV, 125, which is still pending. Before notice to us court has passed a interim order on DV case for interim mentainance on 2016 but the same copy has not been supplied to us, also comfirmed infront of Magistrate that i dont have any order copy. Now She is not attending any court for her evidence as well as further proceding. This March she has also filed Divorce case and within 1month gap the sme has been withdrawn by him. Now she offering for MCD and all the cases will be withdrawn by him.
I have filed RCR, which is in expart stage. Also filed ACT VIII for my baby girl.
Kindly suggest me the below points.
1) What is next option as she has not coutinue attending in court.
2)What is the next steps for expart order of RCR infavour of mine.
3) If the MCD not procced then what is the senarion will happend.
Isaac Gabriel
(Expert) 18 September 2018
Not attending the court will be viewd against her.If at all the MCD is filed, possibility of disposal will be bright.
Sk Rajjak Hossain
(Querist) 18 September 2018
Dear Sir, MCD not filed yet. If the divorce not been proceed by my end then she should remarry without divorce??
Dr J C Vashista
(Expert) 19 September 2018
No court shall pass ex-parte interim maintenance under the provision of section 23 of the Protection of Woman From Domestic Violence Act, 2005.
Who shall supply you the copy of order (interim maintenance) as alleged?
You have already engaged an able, intelligent and competent lawyer to contest your case(s) and move to the Court for RCR etc. as stated by you; did you ask him/her the questions posted here? If so, what is his/her opinion/advise? Why don't you believe him/her? If you have lost faith in your lawyer change him/her immediately.
What is the case/relief, as stated to be ACT VIII for baby girl???
Unbelievable hypothetical story.
Consult a local prudent lawyer for better appreciation of facts, analyses, guidance and proceeding if there is some truth in the story.
