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great india (manager)     25 September 2013

Dv filed but not proceeded....remedy

1. DV in criminal court with rcr and 125 in family court by wife, husband 13a in sessions court.
2. after mediation husband takes wife to rented accomodation from wher wife runs back to flat owened by husband but gifted to his mom before filing of cases.

3. wife barges in and files dv , no one from husband side comes to fight sensing 498 and dv, the flat is close to wifes mothers house, just a call away so they have captured. parents of husband too old staying 100km away  to file civil injunctions and defending other cases. staying away at diff residence.

4.husband still says ready to co hab but at ancestral house 100km away from all in laws n parents....but wife adamant..

5.wants divorce but only after impossible huge alimony.
6. awaiting summons since 1.5 yrs in dv.....how to dismiss it....?????
7. if mom sells house and new owner tries vacating .....will mom be troubled...???
planning to sell flat at lower price to a local guy who knows vacating houses.
8. all reconciliation attempts failed....wife not interested in co hab but filed rcr to prolong divorce....
9. whats the solution.....?????plz help



Learning

 5 Replies

Samir N (General Queries) (Business)     25 September 2013

Points 1 and 6 contradict. Please clarify. DV filed, in session court, DV summons not received! Very confusing.

great india (manager)     25 September 2013

They dont contradict sir 1. Dom.voil.fiked in criminal court the summons not released since 1.5 yrs on notice board it cimes awaiting summons. I havent got summons yet so case not started but its filed. I keep checking on net the dates. 2. Rcr + crpc125 in fly court 3. Divorce by husband in sessions court. All in same district but different places depending on areas.

rajiv_lodha (zz)     27 September 2013

In DV, magistrate cannot prolong the case so much as u say. If u rely upon internet update of the case...........u may be wrong. Send some assistant to chk with court clerk about the current state of her DV case, whether still in summoning stage?


(Guest)

Summons awaiting since 1.5 yrs! seems a bit impossible ..I guess ur wife must have got an exparte residence order..u need to go and check in the court not online ..

great india (manager)     27 September 2013

1.yes ill check but i can see new dates each month. 2. Newt date in next month.... Status.....awaiting summons... 3. If it woukd have been exparte...she would have very well executed.... Orders or maintenance.. 4. I'll check anyways... Thanks

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