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Amit Aggarwal   15 February 2021

Sec 125 maintenance

Dear Experts My wife has filed cases such as 498a dowry act in allahabad HC, DV in Agra court and maintenance in family court. The cases are in WIP stage for more than 6  years. We are living separately for last 6 years and I am giving interim maintenance to her levied under DV act. We have one daughter aged 7 years living with my wife in Agra. 

Case 125 had been quashed by court in Agra as she did not use to attend court and court then quashed the case. Thereafter she raised the petition under sec 5 for reopening the case. The case has been reopened by Agra court on 1st week of Feb'21 of this month. I am seeking legal advice from experts shall I go to HC Allahbad for the relief such as stay or quash of 125 based on the false ground she made in her petition.

Please give the legal advice how can I safeguard myself from her harrassment. I am also seeking counsellor in Allahabad HC who can get me relief.

 Thanks Amit I Aggarwal
 



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     15 February 2021

The legal notice should be replied within the stipulated time, if not replied within the stipulated time it can prove to be beneficial to the addressee.

After receiving the notice the following points must be kept in mind:

  • Carefully reading the legal notice– It is important to properly read the notice to understand the issue and concerns that are raised by the other party. If the receiver of the legal notice feels that the concerns raised in the legal notice could be resolved amicably then immediately a conversation should be initiated.
  • Contacting the Lawyer– If the contents of the legal notice are not clear, then a profound lawyer must be contacted who can further legal action in the matter. Also, the receiver should keep a record of the time of receiving the legal notice which will be advantageous even if the matter is taken to the Court by the opposite party.
  • Briefing the lawyer– This step must be done carefully, the entire matter must be escalated to the appointed lawyer. The lawyer must be provided with all the necessary information about the facts, time, place, events etc that are related to the issue, this helps the lawyer to draft a proper reply that represents the receiver’s side of an argument.
  • Sending the reply– The reply notice is sent either through a registered notice or courier, once the lawyer drafts the reply notice on your behalf. The lawyer keeps the copy of the reply notice for future reference.

Adv. Morzaria (Advocate )     15 February 2021

It is important to peruse copy of petition filed by wife as to on what grounds are taken for re opening the matter

Pls share copy of the Petition for better legal recourse

Dr J C Vashista (Advocate)     16 February 2021

Originally posted by : Amit Aggarwal
Dear Experts My wife has filed cases such as 498a dowry act in allahabad HC, DV in Agra court and maintenance in family court. The cases are in WIP stage for more than 6  years. We are living separately for last 6 years and I am giving interim maintenance to her levied under DV act. We have one daughter aged 7 years living with my wife in Agra. 

Case 125 had been quashed by court in Agra as she did not use to attend court and court then quashed the case. Thereafter she raised the petition under sec 5 for reopening the case. The case has been reopened by Agra court on 1st week of Feb'21 of this month. I am seeking legal advice from experts shall I go to HC Allahbad for the relief such as stay or quash of 125 based on the false ground she made in her petition.

Please give the legal advice how can I safeguard myself from her harrassment. I am also seeking counsellor in Allahabad HC who can get me relief.

 Thanks Amit I Aggarwal
 

@ Amit, 

What do you mean by the abbreviated term used as "WIP" ?

Trail Court can not quash any case, be clear.

Section 5 of which Act has been invoked to restore the case "dismissed in default" ?

What is the opinion and advise of the lawyer engaged /paid for contesting cases on your behalf, who is well aware about facts and circumstances of the case(s) besides the fact s/he is an able, competent and intelligent enough to satisfy your questions?

Why do you need second opinion / advise / obligation based on distorted facts except the fact it is available FREE OF COST? 


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