Urgent help...exparty for my family in dvc

I dont agree with the said advise. If some releif has been claimed by your wife against your family members, then it is essential for them to appear in court and answer the said allegations or else if they are proceeded ex parte, chances of the releif claimed against them being granted are very high.

Augustine Chatterjee

9999931153

Advocate & Solicitor at Law

 

Hi vijj  i agree with advice of chattraji your lawyer give you wrong advice if you did not present in court than  your wife file for exparty and she demand court accept all without any arguemnt 

than you need to pay so don t do that and appera in court and defend your case well you got some relief from court in absent to court you lose your relief option 

thnks 

Thank you somuch to Augustine chatterjee and Mukesh sharma for the quick response...

Today I attened for the first time for filing vakaltha...(Lawyer said not to bring my family. so they did not come) 

I dont know why he suggested exparty option...Will he create any problem If I change the lawyer..?

498a also filed on me and my family.

I asked lawyer can we go for quash 498a and dvc. He said, No Need to go Quash. it will resolve in lower court only.

What is the possiblitiy of 498a and dvc quash for my family as we lived separately since marriage.

 

Thanks

vij

1. Your family can file a written statement through your lawyer. They do not need to appear in person unless judge asks to see them in person. Even you do not need to be present on every date.
2. Case will not go ex-parte w.r.t your parents if they file a written statement. Along with written statements file an application for parents name to be removed as respondents since there was no domestic relationship. No need to quash DV petition at this stage.
3. 498a quash is also premature. Let police file chargesheet first. If the chargesheet includes names of parents and you have uncontrovertible evidence that they lived separately, then perhaps you can try quash petition to remove their names. 

Thanks Vibha. ...

Chargesheet got filed and my parents name also there in the chargesheet. there is no evidance attached for the chargesheet...

chargesheet has the copy paste of my wifes complaint.

the first date is coming on 30th of this month.

Me and My parents are living in separate states...Can we  go quash in this case?

 

Thanks

Vij

1. An able lawyer will need to study chargesheet and decide if quashing has chances to work in your situation. 

Change your current advocate he is misguiding you. If decision become exparty it will be a big problem to you. You have to pay money as she demands in court so try to attend court date. Start collecting evidence against your wife. Consult some experience lawyer of HC he will help you in removing your parents name. You can also ask your lawyer to request judge to move case in mediation . Once case move in mediation you can try MCD.

Thanks for the suggestion to all....

After the above experts suggestion, I contacted with my Lawyer and objected about exparty for my family. Still he said in dvc case if parents get exparty its not a problem.

If husband get exparty then only it will be problem.

She put allegations like mental and physical and dowry torture done with my family members also. she is asking maintenance and compensation and residential rights with protection order. 
She is expecting necceraty actions on me and my family.

I double checked with my lawyer that, If my family get exparty that will be problem for me and family. then he said if you dont want exparty i will give noc. you can go with other lawyer. 

What should I do now? He is a senior lawyer with 15 exp.
Can I take noc and move to another lawyer.
Note: we are staying in rented house. 

 

Thanks

Vij

Please sugget me the right option... I am In a confusion...

After the above experts suggestion, I contacted with my Lawyer and objected about exparty for my family. Still he said in dvc case if parents get exparty its not a problem.

If husband get exparty then only it will be problem.

She put allegations like mental and physical and dowry torture done with my family members also. she is asking maintenance and compensation and residential rights with protection order. 
She is expecting necceraty actions on me and my family.

I double checked with my lawyer that, If my family get exparty that will be problem for me and family. Then he said if you dont want exparty I will give NOC. you can go with other lawyer. 

What should I do now? .
1. Can I take NOC and move to another lawyer.
Note: we are staying in rented house. 

2. I also filed Divorce 10 days back with this lawyer. If NOC is preferred, Should I take NOC for both DVC and divorce also?

 

Thanks

vij

Originally posted by : vij
	I got married 3 years back. me and wife were together for 1 year(Lived separatly with my family).My wife left her house 2 years back.  My wife failed DVC on me and my mother, sister, brother. For DVC case. My Lawyer said as it is a civil case, your family no need to come to the court. we can make exparty for your family, So they no need to come the court. exparty is not harm for them.  He said for dvc you only need to come to court.  Is it true what will happend if court gave exparty to my family.   Thanks vij

Dear vij,

your lawyer and all the members who are adviced here are right. The point is your lawyer is practically right and members are legally right.

if there is a complaint against your family memebers they are supposed to appear but if they don't appear court can only make them exparty which is not against them.

Now the question is willl court pass any order in favour of your wife.

you need to handle and understand it practically. you are also one of the respondent if you or your lawyer on your behalf is arguing or fighting the case court cannot pass any order. Always remember responsibility to prove is on your wife not your family.

so i think your lawyer has suggested you right. No need to change your lawyer he has advised in your favour.

but before going for exparty file an application of discharge of female respondents  from the case on the ground that females cannot be respondent in DV act case.

Thank you Siddarth sir for the explanation....

My Lawyer did not take in signature from my family(mother, sister, brother) for any appliacation.
He did not say anything that related to filing discharge application for my family.

 

Could you/Respected experts, please clarify for the below queries?

Without filing discharge application what is the risk for my family for below situation.

1. If she got any maintenance/compensation from me

2. If she prove any allegation on me

3. If female partners are not respondent, then What about my brother?.

4. She made some false allegation on family also, If my family get exparty.
does it not mean that, my family is accepted whatever the allegations she made.
She may argue that my family accepted that allegations, so she need action against me and my family.

5. What happend to this exparty order after the case is running/completed on me.

 

Thanks

vij

Dear Mr Vij

 

Don't worry I will try to  help your

 

1. If she got any maintenance/compensation from me
 Answer: Maintaince can be claimed from you onlynot from your family
2. If she prove any allegation on me
Answer: Its obvious if any allegations proved against you, only you will be responsible.
3. If female partners are not respondent, then What about my brother?.
Answer: If he is above 18 and was living in same house where your wife and you was residing he can be the respondent,
4. She made some false allegation on family also, If my family get exparty.
does it not mean that, my family is accepted whatever the allegations she made.
She may argue that my family accepted that allegations, so she need action against me and my family.
Answer: Exparty means that they are not willing to appear not acceptance of allegations. Responsibility to prove is on complainaint. Moreover, if she abled to prove any allegation. your family still have right to appeal in session court.
5. What happend to this exparty order after the case is running/completed on me.
Answer: Exparty only means that this court can decide the case without hearing respondent who are exparty.

I suugested you to file discharge application so it will give peace of mind to the ladies respondent that no case is pending against them. Now you said that your lawyer didin't took signature of other respondents on vakalatnama. 

No problem, you advocate must have some junior lawyers in his office, askyour lawyer to appear one of them as their lawyer argue on this and stop comming to hearing after argument on discharge.

 

 

Thanks Siddarth..Very much appreciated for detail explanation...and for your time and efforts..