kumar deekay (respondant) 06 October 2010

DV Case, wvwn though MCD u/s 13 B is in Family Court.

Dear Fellow members,

Please advise about what will be the authenticity of DV Case & 125 Cr pc case filed against husband and his family members for Maint. & House, while MCD proceeding u/s 13 B of HMA is already in Family courts.

How Husband can take legal recourse in MCD proceedings if wife has filed the said cases with false allegations.

In this case, MSA was signed by both before the CAW Cell and Husband was presurised to give permanent alimony and custody of child to wife also. Becz Husband can not take coustody till 5 yr of child age. Child is male and 2 yr old. Wife voulantrly left the husband hosue in 03/09. Marriage in 10/05.

Please advise i am very tensed about these matters becz it ruins my carier and professional Iife.

Regads

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1 Replies

Tajobsindia (Senior Partner ) 06 October 2010

1. CAW Cell has no power to bind complainant and proposed accused to an Agreement for MCD as is made out in your briefs.

2. They are not quasi-Court.

3. Various binding citations are in place in this Forum concerning CAW. Refer to them and act accordingly.

4. Joining MCD proceedings means both of you have voluntarily agreed to certain MSA and if you want to turn back and say, hey I want Justice then before the scheduled deadline date of MCD Second Motion wither party can backout stating the reason and pray for following course of Justic ethe normal route.

5. Suggest to discuss these with a Lawyer as it seems under pressure at CAW Cell you gave in but your heart is somewhere else !

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DV Case, wvwn though MCD u/s 13 B is in Family Court.

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