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Ahamed Ali (Associate professor)     01 February 2012

Restituition filed under special law(muslim)

Dear Experts!I hav a query regarding restituition . I have issued three notices for restiuition and also filed a petition as they have neglected to join the conjugal society. In the reply from the respondent they have given falsification that i have taken dowry and domestic violence. I have filed in court on the basis of three issues

1.Restituition 2.Dowy Case 3.Domestic Violence. I have appeared at court twice but there is no response from the respondent and they were absent on the dates given by the court two times.Judges were absent on the both dates given to me due 1.Elections 2. Boycott due some issue regarding Dr.B.R.Ambedkar statue. The court staff have informed to the respondent lawyer have to give a counter. they have given me on 22nd february this month, again if they are absent on that day. Then what step will court take to me as well as to the respondent.



Learning

 12 Replies


(Guest)
if the respondent were remain absent twice or more, just prayeth the court to issue BW and after that NBW. further, feel free to contact me for any support. Manoj kumar, Advocate, Delhi. Ph: 0931 044 3650 advocates.agra@gmail.com

Shantanu Wavhal (Worker)     01 February 2012

@ Manoj Kumar sir, 

what is BW & NBW ??

Ahamed Ali (Associate professor)     01 February 2012

Thank you!

I have query regarding the BW and NBW meaning and  which i am not able to get proper knowledge on the reply given.

What Benefit i would get if they are absent more than twice. and still if they are irresponsible and not attending to court what free will i have.

Can I file another petition for which they have blaspheme for dowry and domestic violence which they have disgraced my character in society with against me.

Ahamed Ali (Associate professor)     01 February 2012

if the respondent were remain absent twice or more, just prayeth the court to issue BW and after that NBW. further, feel free to contact me for any support. Manoj kumar

(Guest)

 

Brother Ahmed ali,

 

 

BW = Bailable warrant

 

 

NBW = Non Bailable Warrant.

 

 

But I’m not sure why Mr.Manoj  Suggesting here. As per my understanding you have to file Appropriate Affidavit under Relevant Section for preying personal Appearance of Respondent, If not Court can take action against respondent, Please check with your Lawyer / Local Lawyer.

 

 

Also can you tell me, are you facing any charges / cases for Dowry (498a) or DV?
RCR in Muslim Law Works on Momedan Law (Sec 281) as I'm not Still Sure. you can check


 

 

 

Shantanu Wavhal (Worker)     01 February 2012

 

Appropriate Affidavit under Relevant Section for preying personal Appearance of Respondent

 

for matrimonial civil cases,

under which section such application can be made ??

Chaitanya_Lawyer_Mumbai (Lawyer)     01 February 2012

In matrimonial civil cases,BW & NBW are not issued.it is issued in criminal cases.

Generally, if the respondent does not appear in court for more than 3 hearings,application can be moved for ex-parte order by court,which respondent can later challenge in higher court.

Ahamed Ali (Associate professor)     01 February 2012

Dear Experts! I dont have any charges/cases like dowry or domestic violence but respondent issued a reply to my notice stating that they have given dowry and causing domestic violence against my spouse for that cause i have filed a petition for restituition and denying dowry and domestic violence where they have not appeared in court twice and they were absent and i am staying in andhra pradesh and i want to know the difference between compoundable and noncompoundable where i have browsed in this website .and also if they absent third time then what would be the situation.Since i have filed a petition from visakhapatnam and i am staying in hyderabad still is there a chance that i want move my petition to hyderabad since every time i have to go visakhapatnam since the respondent and my family member stay at vizag and i am staying to hyderabad

Shantanu Wavhal (Worker)     01 February 2012

compoundable =

Dispute can be settled by mutual agreement between the parties to the dispute.


noncompoundable = 

Dispute can NOT be settled by mutual agreement between the parties to the dispute but depending upon the facts of the case, court may grant permission for mutual settlement.

Chaitanya_Lawyer_Mumbai (Lawyer)     01 February 2012

If they are absent for the third time,move an application for ex-parte order.

Petition can be filled / transferred at following places:

1.where marriage took place

2.where respondent resides

3.where parties to marriage last resided.


(Guest)

@Chaitnya_Lawyer

Can you please check your PM / Inbox

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 February 2012

Dear Ahamad Ali Sahab If the opposite party is not ready to appear before the court or the opposite party's intention to lingure on the matter, file an application or approach the court for ex-party order against opposite party.there is no provision for BW or NBW in civil matters no need to worry feel free to call

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