In dv act exparty order. what next?

Satnam,

I would not recommend  not to take summons - as relief in DV case is immediate - so you should oppose  the claims made from day one -  File a written response reutting false claims. If you have proofs submit them with your written submission. You should show to the court that the claims made are far from truth.

Best of luck

This is a common formula that whenever the DIL seeks residence in matrimonial home parents of husband DISOWN him.

She knows if she asks for Rs 50000, then she will hardly get Rs 15000.You have kept your minor son with you .

If you don't appear in the Court , the Court will give  exparte.I don't know why your lawyer has adviced you so.

Author above,

Not sure whether  whatever your have written above is common

But it is for sure common  for a disgruntled wife to  leave her job, don't let child meet the father,  sit at home and claim hefty maintenance - as if the husband  par  PICHALE JANAM KA KARJ HAI.

Satnam,

You have a right to rebutt false claims,  just ignore hostile post y a user above.

@ Pragya

1. A Lawyer advising 'disowning" and not to receive summon is a right advise.
Reasoning: (A) The property is in author's mother name. When relationship between DIL and MIL hits rock bottom then a MIL disowns her son least he captures her property under his wife's influence which is basic human tendency of property owners. For your knowledge disowning means simply having no relationship for public purposes with dosowned purson. Here DIL files for Bharat Ratna DV Act and summon were serviced at shared household as that is the address DIL gives to serve upon Notice on her husband. What happened among relations there after she left is not known to her. A MIL not accepting summon is right move by a MIL and no fault can be found here. All this husband has to do is to appear before concerned Court and appraise the concerned Court of disownment and update Memo of Parites by affidavit as to where he lives i.e. in a gurudwara or at a friends place or in his motor home it is his call !

(B) Your saying that the moment DIL leaves home her husband should for eternity be found in same home and otherwise not is wrong. Today the Bharat Ratna Act is popularized for only one purpose that is to grab residence orders and who bothers to know the said residence belongs to whom? Then she runs from trial court to sessions to high court and still not grey haired then to SC. Why does not DIL stake claim on her natal homes property the moment she leaves husband's home, Law has given her all succession rights ! After claiming her natal home share she can very well eye upon husband's and or In-Laws property after due diligence and these modern gender biased Bharat Ratna Law is also equally reasoned for her second move !


2.  Your thinking line on DIL high profile claims on maint. thinking that she will get something !
Reasoning: May I ask a wife knows whose property to claim but does not know how much her husband earns to stake claim for maint. by claiming 50 K thinking that court will give her 15 K !! Com’n what is this logic you as a Law student is being trained into !!!! That means a wife will claim Taj Mahal as her husband is found of visiting Taj Mahal thinking that atleast she will get 4 bedroom all for herself and her boyfriend J Also do tell readers why does not DIL claim the just amount based on earning capacity of her husband when she was his bed partner which she must be quite well aware of ????? Many of you women writers now will start pedaling that wives do not know income of their husband as husband hides their income. Com’n then I will say what for she is a his wife then when she does not know how much near about her husband brings for kitchen / home kitty ????? You also should get taught in your Law School that the moment she start claiming high flying claims husband sides are no fools they start filing notice to produce and or summoning orders and or witness statement thus more delay in maint. proceedings start happening. Hence if any wife is incapacity and is in real need of maint. to sustain herself she shall claim the just amount not the sky thinking as you are pedaling to think among metro wives readers here !!!!!! If DIL is preached to place high claims thinkign the way you as a Law student is thinking then husbands getting disowned from their family to protect self acquired home is also based on equality before Law is it not so........start better thinking now.

disowning after filing of DV?(untill then kid along with fathre  was in their home with great care.)

Author has mentioned that the house is in his mother's name, not mentioned that whether it is self acquired or ancestral.

even the author has not denied that he does not have capacity to pay Rs 50000.

Sir under which section of which Act the process of disowning and its result? comes??

Thanks.

In my case..my after the interim maintenence order was passsed...fater about 5 months..my father disowned me..after that I lost my job also..

Can these two pointes be mentioned while filing the application u/s 25(2) of Bharat Ratna DV act...

Also please let..me know..

(1) Can I not stay in my father's house after disowning?..not even as a guest?

(2) Can he not give me any money...or transfer any money in my account?

DF

disown relations for money... gandhi said enough for a stomach not for a greedy thought...

Srinivas..you did not get my point...when in war..and your life and liberty at stake...you tell me what to do?

disowning after filing of DV?(untill then kid along with fathre  was in their home with great care)
Take: Yes, unless there is a cause no parent likes to disown their children. Parents are more inteligent when it comes to jad, joru andjameen which is a universal Indian saying !

Sir, will this disowning have any effect on the DV case if MIL is a party of the case?Will it help the wife side to prove violence on her by in laws?

 I want to know Danny's question's answers also.

Thanks and regards.

aha….

A very tricky yet interesting que you asked......


1. For this post purpose not otherwise only if MIL is R2 then based on allegations the DIL has to prove her case during final hearing and get finality on all / allowed relief’s which were granted to her during prime facie stage.


2. Disowning here if for saving property riding on cause of action of son is what has happened though if MIL is made R2 she still be asked to be present in Court during proceedings and or be represented by a Adv. as it seems she (MIL) did not ex-communicate her DIL along with her Son the moment she (DIL) left home and now that she has filed for Bharat Ratna DV Act. Actually the son should take seperate residence and offer the same ot the lady to save family property yet keep the lady's interest (immediate residence) also protected as per releif provisions in this Act is my view.


However there are umpteen Orders / Judgments right from trial courts to HC to SC where residence rights DIL may not get if property is in In - Laws name and under disownment. All this MIL needs to do now is to file cross case (civil injunction) irr-respective she (MIL) doing it after being made R2 or prior to filing of Bharat Ratna DV Act by DIL i.e. just after disowning as the property is hers and in joint families after marriage the son are at mercy of parents on whose name the property is to stay tuned with their marital life with a new lady brought to matrimonial home.  At any time parents on whose name property is can disown their children and it has nothing to do with DV or otherwise Act cases.


All depends on timings and presentation which is what a smart Adv. hard work pays dividends to victim family (Son - MIL) rest is all perception and pressure of feminist brigade which I donot wish to touch as I have time and again spoken tits - bits here in this very forum which you may refer to if already not done :-)

Now on to Danny’s gr8 que(s).;


It seems you want to bake and eat the pastry on the D - day the Bunny’s Pastry Shop opens by placing before us your two innocent que(s)......

(1) Can I not stay in my father's house after disowning? Not even as a guest?
Take.: NO. Generally this plea is reverse taken by errant metro wives and they say in application that they are living as guest in their natal home in a way it is right and flip it and it shows other side of story. Once you are disowned that means you are on streets and or living at Presidential Suit no. 504 of Maurya Sheraton Hotel it is your issue not that of person disowning you (here your parents). NO, you can’t enter the property from where from you have been disowned otherwise it will be wrong (false statement) to disown you to begin with for court cases purposes it seems.  No you cannot communicate and or take cozy favors from the same persons behind laws back if that is what the hidden intent is all about.

(2) Can he not give me any money...or transfer any money in my account?

Take: Off the records if under your name you mention managing partner and yet ask this innocent que., then something is not right being managing partner it seems and moreover once you have been disowned that means you have no legal status with those persons so how you can eye / expect pocket money for the records and or off the records coming into your bank account  by way of transfer that means money trail is left out open for opposite side to call of bank statement records and point them to the Court as inference of intent to disown !!!!! Start earning your own now that you are legally disowned by erstwhile karta. Now for the records my beliefs are that provisions of law should be used truthfully not for the sake of making fun of opposite party and there are no. of ways one can royally cause sleepless nites in matrimonial suits and for the sake of wife filing Bharat Ratna DV Act showing disowned is not right way in the sharp eyes of law and there is a method to do all these things and any smart Adv. among us may be competent to show way to you if these two que. are of your situational cause of action based.


Addendum of abv. takes are that,

(A) once your situation is of joblessness / lost my job etc. is what you showcause now then I would suggest to bring this status (change of circumstances) immediately to the notice of the concerned Court by way of affidavit and if a termination letter is also there then it is much better then a plain vanilla  resignation letter while any maint. suit(s) are pending as it gives more options to a Indian victim husbands side to climb over to higher forums if meanwhile maint. awarded i.e. in joblessness status which is obvious that the damage would be beyond their pocket to pay to their metro madam. Com’n in eyes of Law both gender are equal is what every prudent adv. believes and it is not absolute must that husband needs to beg / borrow / steal and yet pay maint. when SHE IS ALSO ABLE BODIED person is my belief for fighting it out.  

(B) That is the reason I call this Act, 2005 BHARAT RATNA it makes both gender read with both sides parent forced to do things which are not customary, traditional such as disowning / safe guarding property etc. which 10 years back was not common practice but today the moment a Bharat ratna DV Act application is filed by applicant / aggrieved person (shrimati ji) and In Laws have property the first defense line position taken is disown bl**dy son and this adult son is clueless where to sleep the first nite and or get pocket money from if jobless. No offences to DF these are my general comments on this gr8 Bharat Ratna DV Act. 2005 and not meant for your situation but I feel sad when I see gross misuse effects of this Bharat Ratna Act pervading harmonious Indian HOMES.
 

@ Pragya………hey lady donot trick me to exceed my self limit bandwiddth instead come on PM if you want and test me on legal points if that is the soft intent......... 

THANKYOU SIR.

Dear Tajobs, 

I was looking for answers and not sarcasm.

Unfortunately my lawyer is not good enough i need to pump him with information and ideas and at the same time he is 2500 Kms away...and helplessly and unfortunately need to come to this forum to swallow tonns of sarcasm...and not have answers

What I write beneath my name is has absolutely nothing to do with my questions..neither this is a court room nor I have given an affidavit stating that I am a Managing Partner...(or may be yes)...

But I appreciate your efforts and your capacity to write lengthy essays...

Thanks

DF