Plz guide me

Tomorrow is the 1st date in court since i filed the DV petition.Can anybody guide me the stages of court proceedings?
When can court grant that interim maintainance order?
What are the different strategies respondent can execute?
Plz guide me.Thanks.

Originally posted by : Ashwini
	Tomorrow is the 1st date in court since i filed the DV petition.Can anybody guide me the stages of court proceedings? When can court grant that interim maintainance order? What are the different strategies respondent can execute? Plz guide me.Thanks.

Ashwini:

First date you file divorce petition.

Next objections from the other party in another date.

Then a few more dates, [make that 3 dates]

Mediation one date.

Mediation fail means, another date for mediation.

Then you give your IA application, there goes one date.

Next date objections to IA application.

One fine day, the award IA.

Next the party should start paying, if he can or he can go to HC for readjudication of IA.

When asked why not paying, other party will tell, we have went for appeal in HC.

So few more dates.

HC will readjudicate or might not readjudicate IA.

Then one day, the other party has to start paying money, if not, arrest warrant will be issued to the party, will be taken into judicial custody, escaping warrant/arrest lead to issuance of NBW.

Meanwhile if other party is not paying, divorce petition will not move a inch forward.

One fine day if all is well and other party is paying money, 

evidence will happen, first his, then yours.

Next cheif examination will happen.

Next further chief examination will happen, same his first yours next.

One day cross examination will happen, his one date, yours one date.

Then one day for arguments.

Finally one day judge will pass order based on merits of case.

By this time, it would be not less than 3-4 years.

sir my petition is under Domestic violence act its not a divorce petition.

Originally posted by : Ashwini
	sir my petition is under Domestic violence act its not a divorce petition.

Ok..

Under what all sections have you asked for relief under DV act?

Please tell, so that I could tell what will happen next in your case.

sir u mean the prayers ?
Not to dispossesse matrimonial house,not to take my daughter away from me,and the interim maintenance for me and my daughter.
And also mentioned that i am ready to cohabitate with him.

Originally posted by : Ashwini
	sir u mean the prayers ? Not to dispossesse matrimonial house,not to take my daughter away from me,and the interim maintenance for me and my daughter. And also mentioned that i am ready to cohabitate with him.

So you are seeking residential orders + protection orders.  That is section 19.

Interim maintenance ie under section 20.

Now what is the reply of your beloved husband to your application under DV act ???

You ready to cohabit all ok.  But under RCR does not come under DV, RCR only in family court you can ask for.

due to some family problem i want to divorce from my husband..but my hasbend not willing to give me mutual divore.. we are separated last 1 year..my husband filed RCR agenst me..this is the second marriage of my hasband..at our marriage registration time he can not tick his divorce information at our marriage registration/ notice...My question is our marriage is valid or not ? can i file fraud case or nullity  case  agenst my husband ? can i got divorce from my husband ? if yes how long time i'm witing for that ....... plz reply me

 Ashwiniji,

You put one big stone on your foot by filing Domestic Violence case against your husband.

If you just wanted your husband to live with you peacefully, your approach should have been different.

You could have asked for strong mediation process where you could convince your husband to start afresh.

Now that you have fired DV act.  More bullets will come your way.

When there was a child, girl child involved, your approach should have been different.

Even if you  had filed RCR it would be apt.

Perhaps your lawyer misguided you to file DV case.

You really do not know what a man goes through when he is subject to a DV case.

Now there will be anger on his side.

If you really want to continue this relationship, withdraw the DV case, instead ask for counselling session and mediation session.

That would do much good to your relationship.

Regards,

munmun you need to start your own thread for your question.

Sir

I was marry with my husband last 2.5 yrs ago.... this  is the 2nd marriage of my husband.. at our marriage registration time he can not show /tick his previous  divorce information at our marriage  registration / notice paper...my question is our marriage is valid or not ??? can i got divorce from my husband ? can i file fraud or nullity case against my husband ?? if i got  divorce from my husband then how long time i will wait ???