Manav Kalia (Arguing my own cases..) 05 September 2011

Baseless dv, possible 498a, corrupt caw cell, please help

My brief background is, I am an engineer plus mba. 9 yrs back I met my wife. 8 yrs back I got married to her. It was love marriage. I have a son 6 yrs old. I was working and earning well, she was not. Then 3 yrs back she started working and I had a brain stroke and could not work after that. I have recovered well but still have a speech problem and my right hand does not work, so I not able to write or speak properly. Hence I cant get a job right now. We started living apart after my stroke 3 yrs back. One yr back we went for mutual divorce. All money transactions had been completed and is mentioned on petition. At the time of first hearing she did not come and told lawyer she wanted to withdraw. Then november last yr she filed dv on me. March this yr I filed for divorce cruelty basis. June she filed CAW complaint. I applied for ab, judge not convinced that fir will be registered so he gave pre arrest notice of 2 days. In CAW usual tamasha goes on, they dont mention specific complaints, neither they show me complaint file. I have complained to dv judge about this in writing, since then they are defensive in womens cell. She claimed i am earning 2 lacs per month, which is not true. I have given all my bank accounts, IT details, PAN information to judge. I had a property in my name which I sold off for 30 lacs six months back. I have zero income for 3 yrs now. I spent 5 lacs on house dues, 10 lacs on medical and living, 15 lacs on personal loans taken by me. I still have about 5 lacs of loans pending. Wife says she is earning 40k per month, but has not submitted payslip. Due to lack of money I am arguing my own cases as petitioner in person. She has some affair type involvement with some person. Tho we cud not find any s*x related relationship. I have a strong case, as her allegations are baseless. And my medical and financial records are very clear. Plus I have lots of home videos of her and my son proving her allegations false. So I am not worried about dv or possible 498a. Dv court orders are on 27 september. So I wanted to know the right strategy if the court orders are against me, due to biased judge or something. So far she has been fair to both parties, but I have heard horror stories about bad judges from ppl. So I want to be prepared. I have found this site very helpful. Q1. What is right strategy for appealing against interim court orders if needed?? Q2. If my case goes to 498a then will the same dv judge hear the 498a case also. Right now both dv and divorce are in family court?? Q3. CAW cell is doing some hanky panky with the complaint file for sure, what can I do legally?? Thanks in advance for any advice that can be given to me on these question......

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8 Replies

Saurabh..V (Law Consultant) 05 September 2011

@Author

Your points were crips yet you failed to mention the reason behind your wife leaving you in such crucial time when you had "brain stroke". Can you clarify the reason behind your wife leaving matrimonial home?

Q1. What is right strategy for appealing against interim court orders if needed??

A1. In DV cases there is no interim court order. Is this the final judgment that you are talkin about? Please clarify!!

Q2. If my case goes to 498a then will the same dv judge hear the 498a case also. Right now both dv and divorce are in family court??

A2. S.498A IPC is a criminal case and not related to family matter (though it emerges from a marital dischord). Any Sessions Judge who presides on the correct area of jurisdiction shall hear your case..

Q3. CAW cell is doing some hanky panky with the complaint file for sure, what can I do legally??

A3. RTI. It's a govt. document out of which informations can be taken unless it does not hamper the process of investigation or breaches any law. File RTI to fetch your required information. Make sure you ask right questions which helps you and which are not to detriment your wife.

All the best!

//peace

/Saurabh..V

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 September 2011

You should not keep so-called bad image of judges in mind. Judges are meant for justice. You shall also be not exception. Court shall consider all evidence on record and accordingly shall decide the cases.

Criminal case, if filed, shall not be entrusted to family court wherein your Dv and Divorce case is pending. You should collect entire evidence and should put it before concerned court, in casee of any appeal in future.

Manav Kalia (Arguing my own cases..) 05 September 2011

Thanks saurabh for the prompt response. We used to have lot of ego clashes which led to shouting matches. After stroke I cud bear her shouting, so a moved to my parents house. She made no attempt to patch up, so we just started living separate. I was talking about the interim maintenance, protection orders. So cud it be the judge possibly in 498a case as the dv judge? We are both staying in dwarka, cases are in dwarka courts, CAW is also dwarka, delhi. Thanks again....

Manav Kalia (Arguing my own cases..) 05 September 2011

Thanks @ raj kumar. I offered my home videos, proving most of her allegations false, to CAW and also judge. Strangely both ignored them. Hence my apprehension about judge. CAW cell corruption I am sure about as they are openly asking for money, not telling me the specific complaints, not showing me the allegations in the complaint file. Are they allowed to do that. I read some of justice s n dingras judgements about CAW, so I am more informed about my rights there, and so I dont take any nonsense from CAW ppl anymore, but still it is very irritating to go every week. I have them to pass on to the FIR stage if they want, but they are not doing that also. Its been 3 months now, earlier big tamasha was happening by wife and others, now smaller tamashas, but still going on, am beginning to lose patience....

Manav Kalia (Arguing my own cases..) 05 September 2011

ile the dv case is going on?? Q3. Are the CAW ppl not required to tell me specific complaints or show me the allegations the the complaint file by law?? Thanks in advance.....Thanks guys for the answers. Hope my previous posts clarified the situation. I will further concise my questions. Q1. What is the mechanism of appeal against dv court orders?? Q2. Can the same family court judge hearing the dv case hear a 498a case in the future while the dv case is going on?? Q3. Are the CAW ppl not required to tell me specific complaints or show me the allegations the the complaint file by law?? Thanks in advance.....

Manav Kalia (Arguing my own cases..) 05 September 2011

Thanks guys for the answers. Hope my previous posts clarified the situation. I will further concise my questions. Q1. What is the mechanism of appeal against dv court orders?? Q2. Can the same family court judge hearing the dv case hear a 498a case in the future while the dv case is going on?? Q3. Are the CAW ppl not required to tell me specific complaints or show me the allegations the the complaint file by law??le by law??