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Sundari (Sr.Executive)     19 March 2014

Dv case posted arugment again petition

Dear Experts,

My entire family is facing false DV case of my daughter in law. I need some clarifications :

The case went almost 3 years, all the hearings are over and cross also over. Finally judge told for arugment. Suddenly the oppounent lawyer filed a petition that my son presence is required. My son stays abroad, even the girl met her there.

Is it possible to file again petition to seeking personal appearnce once judge announced argument.

Secondly, one DV case is pending, she filed maintenance case u/s.125 CRPC. Is that be valid.

We are facing big harasement in the old age and travelling almost 600 km every time for hearing. After last hearing, we felt ok, no need to come. now sudden twist.

Please help.



Learning

 3 Replies

Q Slinger (NA)     19 March 2014

Dear Sir,

 

DV and 498a acts are in place because people like you did not stop in time when you had a chance to. Your suffering because people did not take action at the right time to stop such an idiotic law from being enacted.  Due to inactions of many, many more are suffering. Now older parents and grandparents can enjoy the fruits of the poisonous tree.

 

As per your query, I am confused as to why the judge would say for arguments when all the hearings and cross is over? I think the word you are looking for is probably "judgement" and not "argument" Either that or the cross of your son in pending. 

As per personal appearance, did you ask your lawyer why the opposite counsel mentioned that they want your son to be present? Get a GPOA (General Power of Attorney) from your son, stating that you will be representing him during his absence...unless his cross is remaining, then he would need to be present.

 

As per CrPC 125, yes, it is absolutely valid. However, that doesn't mean that it will be granted it. That too depends on various factors such as if there are kids are not. For the 125 to be not successful, you need to get all relevant details of your daughter in law, and file them in court as a counter. 

1. Her education and qualifications details 

2. Where did she work previously?

3. Is she currently working now?

Sundari (Sr.Executive)     24 March 2014

thank you so much for your reply.

But the session court doesn't accepting the GPOA given by son.  But still we fought for it. when all the cross over, again they are insisting for personal apperance. Is the law permits once judge informed for arugment?.

relating to maintenance u/s.125, she has already accepted in DV case in cross, she is working and went onsite also. but not saying exact salary what she is drawing. my son has a kid, 4 years old, we are ready for give money for his living n education, but she is demanding 1.00 lac per month as maintenance.

one more question, when RCR is still open, is it possible to apply divorce through GPOA.

 

 

Q Slinger (NA)     25 March 2014

I am not sure about the GPOA...I think you best refer to your lawyer for that or hope someone with more experience in that area will comment.

 

If she has already accepted in DV, your lawyer should ask her how much she is earning when she is crossed. He should also request her or get the judge to order her to file the payslips or bank details where the salary is being deposited. YThe lawyer should also request her to state all her expenses etc. If your lawyer is good, then his cross alone should help you get a low maintenance amount. 

 

You said you are ready go to give money for maintenance for your 4 year old grandson. Why haven't you yet? Its your son's responsibility that he take care of his son.  Its common sense, there is no need to wait for a court order for that. 


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