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fighting back (exec)     03 July 2013

About to loose my job due to dates, pls help!!

Dear members,

request your kind guidance,

125, DV and RCR filed by her are going on,

i have filed my salary slip of my present employer in HMA 24 case

the argument is yet to be done.

in the meanwhile, my employer has threatened me that i will have to force resign if i keep taking leaves for court dates, hence request members to please guide me

as i have already sumitted my salary slip, tommorrow if i loose my job, what will happen, will the court see it as a diliberate attempt by me to avoid maintainence, as my employer has said that i will have to force resign, they will not give any firiing letter as it is against their policy.

if i loose my job, it will be difficult for me to get a new job as i am overage now. psl advice.

thanks a lot



Learning

 2 Replies


(Guest)

 

Originally posted by : silver sword


Dear members,

request your kind guidance,

125, DV and RCR filed by her are going on,

i have filed my salary slip of my present employer in HMA 24 case

Very good thing you have done.


the argument is yet to be done.
It will happen at a later date.  No urgency in that.


in the meanwhile, my employer has threatened me that i will have to force resign if i keep taking leaves for court dates, hence request members to please guide me
1.  Dont take leaves.  

2.  In 125 crpc, you need to be present only when you are challenging the petition, ie when you are filing objections.  Rest after you file objections, you need not need to be present in the court each date, only your lawyer needs to be present in the court to represent you. Some order the judge will pass, that your lawyer will let you know, then too, no need of attending court date.


3.  For RCR petition, even here you need not be present in the court, only when your wife has filed objections and when the case is posted for cross examination, and/or the case is posted for orders, then you need to be present in court hall, rest dates no need to go, your lawyer's presence is enough.

 

4.  Even in DV case you need not attend each date, your lawyer's presence is enough.  He should take permission from Magistrate to exempt you frmo attending court dates due to the long distance involved in travel, Magistrate will exempt.  In the event of you filing any objections to such DV complaint, you need to be present in court hall, and/or for evidence, cross examination, and when some interim maintenance is awarded you need to be present.  Rest all dates make sure that your lawyer or his assistant will be there to represent you in the court.

 


as i have already sumitted my salary slip, tommorrow if i loose my job,

Dont take leaves, you wont lose your job.

 

what will happen, will the court see it as a diliberate attempt by me to avoid maintainence,

Even if you loose your job, no need to worry, immediately file an application u/s 127 for readjudication of alimony stating change in circumstances.

 

as my employer has said that i will have to force resign, they will not give any firiing letter as it is against their policy.

if i loose my job, it will be difficult for me to get a new job as i am overage now. psl advice.

thanks a lot

Dont fear so much please.  

1 Like

Adv k . mahesh (advocate)     03 July 2013

have you enquired with your lawyer that for every sitting you should appear because in every time your lawyer will appear and no need you to appear and when he says that you are needed then only appear 


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