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ASHOK KUMAR (executive)     18 March 2011

d v act

please help me sir,

i was married in year 2000 at bhilaspur and i got exparty decree in family court bilaspur in 2004, she left my house in december 2000 and she applied for                                                                                                 

maintentance in year2001 in visakhapatnam family court and year 2002 onwards she is getting maitenance .

i was remarried in year june 2005  after marrige when i went to maintance case she put me in false 498 case

in july 2005. when i shows exparty decree the police return the case back from me.

in august 2005 she applied for set aside the exparty decree  and  my diverse exparty decree was set a side in august 2006.

in year 2007 she got a section 9  exparty decree in family court visakhapatnam  and she filed a  execution pition but i shows the all dacumentry facts family court dismissed her section 9 order.

i am a govt.employ she  sent a letter to company to add her name in company records but i added my second wife name.

from year 2003 to 2008 she was worked as contract employee in e. seva  and she add her name in railway records of her fathers railway depend list and she availed railway pass also.

when i  know in 2009 she was working she resign the job and start studing l.l.b.

again i apllied for diverse in 2007 in bhilaspur court ,all proceding was going on at last movement she shows section 9 exparty order to durg court so i  return back my diverse pitition.

at present in december 2010 she put a case of domestic violence act 2005 in visakhapatnam. and procedings going on pls suggest me sir,

after 10 years it is maintanable.?

what i can do this case totally harresment of me and my family members.

                                                                                                                                       yours ashok



Learning

 9 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     18 March 2011

contest the case to prove her's is a false case 

CHANDDAN TANDON (AS A CRIMINAL LAWYER)     18 March 2011

dear client ,

 please clear me one thing 

you take the divorce from your first wife by court ...?

why you file the application u/s 9 hindu marriage act  against your wife in court ? 

you have to prove before court that she is residing with her father last 10 years by the papers of cases and orders of the court which is file by both side.  

if she is residing with her father last 10 years then this case is not maintainable,

she can file the case of dowry u/s498 a- ipc only now..........

ASHOK KUMAR (executive)     20 March 2011

 

Respected sir,

Yes  sir, i  got  exparty decree in  30.10.2004

Sir,i am not filed, she filed aplln  of  section 9  in family court  Visakhapatnam

Sir, she applied in year 2002 onwards  maintanence under 125 crpc  in year 2002 she got Rs 450 then

       Year 2007 Rs 1000 and December 2010 onwards  Rs 3000.

In  each of her application and affidavit  and court order sheet   her residising address is written  same  old address.

She  plan to put me and my family to d.v. case she changed  house  sir.

Sir, her father  was  voluntary  retire in  railway in year  2007, he added her name in  railway dependent  list  and she availed railway pass also,

From  2003 to 2008 she was working  in e-seva  when  i  know  she  quit the job.

How  i  can  get  this  documents  sir. ? 

 yours

ashok kumar.

ASHOK KUMAR (executive)     20 March 2011

plz  help me sir, she put totally false d.v.case.

yours

ashok

ASHOK KUMAR (executive)     20 March 2011

Respected sir,

Yes  sir, i  got  exparty decree in  30.10.2004 in  family  court.

Sir,i am not filed, she filed aplln  of  section 9  in family court  Visakhapatnam

Sir, she applied in year 2002 onwards  maintanence under 125 crpc  in year 2002 she got Rs 450 then

       Year 2007 Rs 1000 and December 2010 onwards  Rs 3000.

In  each of her application and affidavit  and court order sheet   her residising address is written  same  old address.

She  plan to put me and my family to d.v. case she changed  house  sir.

Sir, her father  was  voluntary  retire in  railway in year  2007, he added her name in  railway dependent  list  and she availed railway pass also,

From  2003 to 2008 she was working  in e-seva  when  i  know  she  quit the job.

How  i  can  get  this  documents  sir. ?

yours

ashok kumar

ASHOK KUMAR (executive)     04 April 2011

Respected Sir,

                          after 10 years how domestic violence is in forced ? as per ur guide lines i told my lawer he took photo copies of all pititions and orders from 2001 to 2010 but till now he is not submitted my case is in enquiry stage sir.     

                                 pls help me sir.
 

Vishwa (translator)     07 April 2011

I am sure the legal luminaries here will give you good advice but as far as I know as a layman, for the DV act to be applicable you must have been living in the same shared household at the time of alleged events. Further, the act came into effect in 2005 and presumably events earlier than this date are not covered.

Good luck.

shiva1only (sales manager)     04 June 2011

hey ashok me i heard about this case very recently.........but i dont remember the names, avunu me case vesi chala kalam ayindhi kada?? had u filed restoration of conjugal rights at that time...... sare me wife peru besetty pramila or not?? bcos i heard it in DV dept.nothing it worry it will be solved in ur favour according to merits.

bye siva1only

vizag

ASHOK KUMAR (executive)     15 July 2011

RESPECTED SIR,

                                   MY WIFE PUT ME IN ONE MORE CASE OF SECTION 7 (1) C  OF FAMILY COURT       ACT IN VISAKHAPATNAM.

 

 

                                   PLS  TELL ME THE LIMITATIONS AND JURIDITON OF CASE FILED BY HER.

AFTER 10 YEARS HOW IT IS POSIBLE BECAUSE MARRIGE HAD IN MY PLACE.

 

                                    


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