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sanjeev pawar (service)     20 September 2012

Does pvt notice by advocate have weightage in court

dear members,

I had received a pvt notice by the lawyer of my wife, who threatened me and my family of appropriate action due to alleged harrassment meted out to his client. that is, my wife, in the notice it is futher said that i pay a certain sum of money or take my wife back to my place, (she had left my home and went away to her mother) or face the music.

futher he has said that my wife is willing to stay with me and my family 'provided' i give in writting an apology of the alleged harrassment i have done along with my family, only then she is ready to stay with me and my family.

 

Later i Received RCR notice from court having the same allegations of harrasment by me and my family and the last para says that since she is a "Bhartiya naari' she is duty bound to live and die with the huband' and the despite all the harrassment she wants to come back.

I want to ask is:

Can this pvt notice be shown i court and will it have any weigtage regarding threatening me and trying to extort money. or does it not have any value in court, as it is just a notice, and not any legal action.

Does the wording used in the RCR notice suit an Ideal RCR notice, if the intentions were to live with me, then how can she allege all the ill treatment to her.

Request you to kindly guide me on this



Learning

 5 Replies

ASHOK (trainer)     20 September 2012

The notice sent to you by your wife's counsel seems to be very contradictory in itself in the sense that she is demanding extortion money as wells as  for RCR.

You can use this a proof first for her act of desertion, second for counting towards  the period of separation, third for filing your petition  for the ground cruelity U/S 13 of HMA.

Moreover whatever has been alleged , the burden of proof is on her  and she will not be able to prove , even if she does it will lead to your speedy divorce from her. No point now staying with her  as she has already gone to that limit. BVa/406 etc . So play cool to her whims and win your game .

Kisi ne ek darvaza abder se band kar diya hai , to use bata do ki kundi bahar se bhi lagai ja sakati hai. ( if someone closes door from inside , show that it can be locked from outside as well.)

ASHOK (trainer)     20 September 2012

The notice sent to you by your wife's counsel seems to be very contradictory in itself in the sense that she is demanding extortion money as wells as  for  filing RCR.

You can use this as a good  proof,  first- for her act of desertion, second- for counting towards  the period of separation, third- for filing your petition  for the grounds of cruelity U/S 13 of HMA.

Moreover, whatever has been alleged in the said notice , the burden of proof is on her  and she will not be able to prove , even if she does it,  it will merely b lead to your speedy divorce from her. No point now staying with her  as she has already gone to that limit.  Thank God that she has not  used her powerful weapons  of  498a / DVA/406 etc . So play cool to her whims and win your game .

Kisi ne ek darvaza abder se band kar diya hai , to use bata do ki kundi bahar se bhi lagai ja sakati hai. ( if someone closes door from inside , show that it can be locked from outside as well.)

1 Like

sanjeev pawar (service)     21 September 2012

dear sir,

thank you for your kind reply, however i want to ask one more point, the threat of filing cases and demanding money is in the legal notice and NOT in the court notice, so the fact is that all such threats of asking for money and filing  cases are only contained in the pvt notice and not in the court notice,

the court notice has all the allegations, but but but. it now contains no threatening words as such, it just contains all the allegations, and in the end, it says that 'despite suffering from such hardships from you i am willing to stay with you, since i am a bhartiya naari, and the duty of the bhartiya naari is to live and die with the husband and blah blah....."

i want to know since the court notice does not contain any threat as such, but the pvt notice contains the threats, can i use this a tool to strengthen my divorce case.

 

thanks

v vedanarayanan (advocate)     23 September 2012

An advocate should not give any threatening notice but proceeding notice.The court alone justify the contention of the cases...MADRAS HIGH COURT     V V NARAYANAN   JUDICIAL  OFFICER

rajiv_lodha (zz)     23 September 2012

If she has filed RCR, u r lucky........................it wil help u out if she plans any 498a upon u later on coz she has herself condoned all ur misdeeds.

RCR is not a bomb, contest it. Its a very long case n decree is also not enforcable upon u!

Forget about what her lawyer has sent u in pvt notice


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