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Received Justice (Accounts)     21 August 2013

Court compliance

Got married in 2006 & residing in Delhi since 2003. After marriage, wife was with e in Delhi.  She left home Oct 2012 . My son 6 years old is in hostel (Delhi) from last 1 year. Wife filed case for DV in Session Court Punjab & alleged names of my all family member residing in Punjab. My Lawyer filed case in High Court to quash their petition for exclusion of my family name.

Ist hearing in High Court was on July & wife did not attend it. Their lawyer made a plea that my wife did not have income source & unable to attend hearing in Chandigarh. Next hearing is in August & my lawyer advised me make a D/D of 10000 in favour of my wife. I was present in High Court hearing & Judge did not told about this thing in court. Is it High Court Compliance or my Lawyer's misconception.

I also arranged the name of school & address/phone number  where my wife is working. Is it suffficient or any other proof is to be submitted.

 

 



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 2 Replies


(Guest)

Got married in 2006 & residing in Delhi since 2003. After marriage, wife was with e in Delhi.  She left home Oct 2012 . My son 6 years old is in hostel (Delhi) from last 1 year. Wife filed case for DV in Session Court Punjab & alleged names of my all family member residing in Punjab. My Lawyer filed case in High Court to quash their petition for exclusion of my family name.

opinion: Right move if you have strong evidences against this false case.Then quashing is the best option.


Ist hearing in High Court was on July & wife did not attend it. Their lawyer made a plea that my wife did not have income source & unable to attend hearing in Chandigarh. Next hearing is in August & my lawyer advised me make a D/D of 10000 in favour of my wife.

opinion: Court is not bound to order you any amount prior to any petition filed by your wife for maintenance.Even though in DV cases the megisterate has discreationery power but without any strong plead by your wife and then order by court,how is it possible to grant that 10000 D.D in favour of wife.

 

I was present in High Court hearing & Judge did not told about this thing in court. Is it High Court Compliance or my Lawyer's misconception.

opinion: Your lawyers misconception. My opinion is why to give money prior to any order. Let her seek maintenance through proper proceedings,if you feel that order is genuine then go for it or else you can go for stay in session court.

 

I also arranged the name of school & address/phone number  where my wife is working. Is it suffficient or any other proof is to be submitted.

 

opinion: Mere address and phone no. won't do anything,you have to collect her income proof,her salary from that particular school to avoid her maintenance.

Reformist !!! (Other)     21 August 2013

I think ur lawyer must quote in court that she is a working lady and let him quote the school name where she is working..........else do not pay anything unless and until court orders u to do so......if u have applied in Punjab n Haryana High court, probably they will send u for mediation.....and then on next date judge may order u some amount of say 5k or 10k...............Let me know the judge name, i can guide u better.....I know the processes in PnH Court and the way they handle quashing cases.


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