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subodh (admin)     01 December 2017

Stridhan

DEAR SIR/MADAM

 

MY WIFE GOT A EX-PARTY ORDER IN STRIDHAN CASE FROM LOWER COURT (ALL LISTED ITEMS OR FIVE LACK RU)

I filled a appeal in ADJ court, my appeal dismissed.

then

i filled a application for stay for order of lower court in HC.

HC also dissmissed my appeal

now the situtation is i want to give back all her item, excepted the false one..

pls give me answer for

1. how court will recover item from me

2. what about the false item she stated in the case

3. the bill she presented in the court are not on her name they are on her father name.

pls help me

thanks and regards

subodh



Learning

 7 Replies

Sachin (N.A)     01 December 2017

Better to put all your efforts to compromise with her

1 Like

subodh (admin)     02 December 2017

thanks for reply

i tried a lot for compromise, but from her side no one wants to compromise.

i am traped in worlds best greedy peoples..

pls tell me how do I give back all her item without the false one stated in the EX-PATRY CASE.

HC advocate says appleal for Supreme court, but it is very costly. i want to resolve the problem.

 

pls help

 

 

subodh (admin)     02 December 2017

thanks for reply

i tried a lot for compromise, but from her side no one wants to compromise.

i am traped in worlds best greedy peoples..

pls tell me how do I give back all her item without the false one stated in the EX-PATRY CASE.

HC advocate says appleal for Supreme court, but it is very costly. i want to resolve the problem.

 

pls help

 

 

Vijay Raj Mahajan (Advocate)     02 December 2017

First question, how the ex-parte order passed in favor of your wife?

Reason must be that you never attended the court or replied to her application/petition for recovery of the list of istridhan as mentioned there. You must under the influence of your stupid advocate or your own high headedness ignored the court proceedings that’s why the ex-parte order passed against you.

ADJ dismissed your appeal.

High Court dismissed your appeal.

And so it will be done by the Supreme Court if you go there.

You are keeping her istridhan with you and not returning it, even if the list mentioned those items not with you but at least items which are with you can be returned to her in the court.

To say the cash memo were not issued in her name but her father so it’s not her istridhan, do you think your such argument will be taken by any court in your favor, when at the time of marriage articles are being purchased by parents of the bride those may be purchased in their name nowhere its laid down that those should be purchased in the name of the daughter. The definition of istridhan includes all articles, properties given to the girl by her parents, other relatives and even her husband and in laws which are her absolute property, these need not be purchased in her name, even gifted items purchased in the name of the person gifting her becomes her istridhan.

Return all the istridhan to wife you got and give affidavit about those items not in your possession in the court proceedings for execution of the order. Give sober impression about yourself in the court to get reasonable order after all courts are impartial bodies to provide relief to all not only to wives but even to husbands.

1 Like

subodh (admin)     02 December 2017

thanks a lot shri mahajan sir......

i got all my answers

 

thanks a lot

regards 

subodh


(Guest)

First mistake you did was not attending court date and letting the case go exparte.

Then second mistake you did was to go for appeal in sessions court.  Which you should have not.
You should have give application in the same court that you are ready to give items back which are with you for all the bills that she can show, whether bill is in her name or her dads name or somebody elses name.

You should have taken all the items with you to court, then asked for the bills in the court hall itself.  If she gave bills, give her one by one.
If she did not give bills, take them back or sell it off in scrap yard.

For the items which she has over claimed she has to give bills too.  If she says she has given cash to you, she should prove when how and where she gave cash.  Some proof she has to give.

There is no need to go to any appellate court in this case.

Just handover what is there with you even if she does not show any bill.  That will be seen as honest move from your end by the court.  Rest proving unproving of the extra items that she claims will be handled by the lawyers.

But in all of this I really cant make out why nobody suggested you not to go for appeal in this matter.  Going for appeal in this matter is just waste of time.  What you don’t have how can you give?  Courts are not fools to simply agree with your wifes version.  They will ask proof.  Main mistake was yours that you did not attend court date and orders were passed in your absence against you.

Now too it is not late.  Take one truck, fill all items of your wife in the truck, go with 2-3 labour and unload the item in family court.  Nobody will object.  If your advocate has not suggested you this till now, better kick him in the butt and hire some other advocate.


(Guest)

First mistake you did was not attending court date and letting the case go exparte.

Then second mistake you did was to go for appeal in sessions court.  Which you should have not.
You should have give application in the same court that you are ready to give items back which are with you for all the bills that she can show, whether bill is in her name or her dads name or somebody elses name.

You should have taken all the items with you to court, then asked for the bills in the court hall itself.  If she gave bills, give her one by one.
If she did not give bills, take them back or sell it off in scrap yard.

For the items which she has over claimed she has to give bills too.  If she says she has given cash to you, she should prove when how and where she gave cash.  Some proof she has to give.

There is no need to go to any appellate court in this case.

Just handover what is there with you even if she does not show any bill.  That will be seen as honest move from your end by the court.  Rest proving unproving of the extra items that she claims will be handled by the lawyers.

But in all of this I really cant make out why nobody suggested you not to go for appeal in this matter.  Going for appeal in this matter is just waste of time.  What you don’t have how can you give?  Courts are not fools to simply agree with your wifes version.  They will ask proof.  Main mistake was yours that you did not attend court date and orders were passed in your absence against you.

Now too it is not late.  Take one truck, fill all items of your wife in the truck, go with 2-3 labour and unload the item in family court.  Nobody will object.  If your advocate has not suggested you this till now, better kick him in the butt and hire some other advocate.


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