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victim need help (HOUSEWIFE)     13 October 2014

School fees not paid, school stopped attending the school

Dear All- Need your Valuable replies.

I have been fighting DV case and residence rights and child custody has been granted  exparte on first date already. It is been two years now i have been waiting for my maintainence. For the first year the case was stayed by High court because of appeal By Mother in Law, now the stay is vacated (alreay one year has gone after that ) the judge has not given the maintainence. the opposing party was not filing the reply and the procedings got delayed. I filed an urgent application for the school fees of the child as school was threating me that they will stike off the child's name. Judge accepted the application and asked husband to file the reply and gave a short date. On the next date judge was on leave and again short date was given. on the next date i came to know that judge has gone on maternity leave and again a date has been given. Now the school is saying that i am not allowed to send the child. please advice what should i do now?



Learning

 4 Replies


(Guest)

Look at what you are doing.  Does it look good to go to court asking for money for child's school fees?

That and this.?  For each need will you run to court and wait for years?  Who gave you this idea of filing DV case against your husband and in-laws? You have to kiss goodbye to your marriage, thats No.1.  No. 2 would be do the waiting part, just keep waiting for your husband and in-laws to throw some money toward you for some expenditure.


It does not make sense at all.  Instead of doing all this, it would have been a lot simpler to adjust with husband and in-laws, you could have had a family together, kid too would have had a father.  Well, if you would have been financially capable of looking after the kid, you could out of your ego would have done all this and it would still look sane, but in your case, it appears that you dont even have proper sources to maintain kid, forget yourself. 


Even now, its sensible that you forget your ego, and go join back with your husband and in-laws.  How many years will you live?  60-70, in that you roam to court for 10-20 years, what will you get, what will the kid get?  You will go into depression, and the kid will learn how to file cases in court.



Think about it, get back to your husband, if at all your husband and co., wants to fight DV  case tooth and nail, and if its proved that its a false case, you may as well land up in prison for filing false case.  Beware.

victim need help (HOUSEWIFE)     14 October 2014

HELPING HAND......................THANKS BUT NO THANKS FOR YOUR ADVICE. 

Look at the kind of words you have used in your reply. This is not a Facebook or Yahoo or some other social networking site where you can preach people just because u have enough time to waste, People who use this forum are supposed to get/give legal advice and not the third grade stupid advices just like the one you gave. How can you say that asking a maintainence is like waiting for laws to throw money to the person who has filed the case.. i guess you have also done the same thing with some unlucky girl or child.  when you do not know the situation of the person dont advice them to join the company of husband and laws. I have had enough for five long years and what if the husband himself is not interested in family and children. what if the husband is in adultary and keeps doing shameless things in front of the child also? i dont expect any answer from you but only suggestion is to stop advising people atleast on this forum.....agar tum jaise log hi duniya main ho to shayad Malala ko NOBEL award nahi sirf galiya hi milti.

Adv. Chandrasekhar (Advocate)     14 October 2014

Madam, this kind of situation is very rare.  In my view, the MM dealing with your D.V. case should have directed your husband to pay the school fee as interim relief instead of asking him to file the reply to your application.  You must be under extreme financial distress and if so, I do not know how the following advice willl help you. (1)  You can try to file a revision petition before the Addl. Sessions Judge by tactfully drafting that the trial court has not exercised its jurisdiction of giving ex-parte interim relief.  (2)  You can try under Article 227 read with Section 482 Cr.P.C.  Cri. Misc. Petition before the High Court (if it is in your vicinity) seeking direction against the husband to deposit the school fee. (3)  You file a transfer petition before the Chief Metropolitan Magistrate to transfer your D.V. case from the present court to another competent court and also direct to dispose your application seeking child's school fee simultaneously to protect the future of the chid's education or in this transfer application as an altenative seek the CMM's indulgence to dispose your application by he himself to cut out any further delay in the matter.  (4)  Fourthly and lastly, you can approach the High Court (if it is in your vicinity), under writ jurisdictionn, making the school directorate also as a party in addition to the school and  child's father as parties seeking the remittance of school fee.  Making school directorate as a party is necessary to make your petition maintainable under writ jurisdiction.  I suggest to for the third option above.  No need to say, if you are in financial difficulty, you will get free legal aid under DV Act.


(Guest)

Madam,


It appears that you are not in the right frame of mind.  Well, its your take, again; its easier to adjust with spouse and in-laws than to roam court endlessly, so think about it.  


I suppose you did not file DV u/s 23, if you had.. then you could easily get ex-parte orders too.  You can application vis-a-vis u/s 482, in your appeal to the sessions court to look into the matter, just in case if the sessions court fails to give you any relief, next step is to knock the doors of Honorable High Court, and there too if you are not able to get any relief from Honorable HC, knock the doors of Honorable Supreme Court.  File a case against school director/authorities as suggested by Adv Chandrashekar by making the school authorities a party and you will have to kiss goodbye to your kid's educational career.  File on inlaws, 498a, they will get scared and give you money in lumpsum, thats the legal option you have.

File application under 24HMA asking maintenance, also file an interim application asking maintenance.  File a 125crpc too asking maintenance from husband.

But, if your husband and co are more adamant than you, and dont want to pay you or the kid any money, you cannot do anything more than issuing arrest warrant for not being able to pay alimony.  You cannot do nothing more than that.  If arrested, you need to pay fees to court for the maintenance of your husband while he cools of his heels in jail.


You can attach property of husband if any for non-payment of alimony, if he has none, you cannot do anything.  IF husband files a gaurdian and ward case, your case will be weak one, as your main inablity is not able to look after kid, you might also lose the kid, beware.


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