Urgent-recovery case filed by wife in domestic violence case

very big quetion.  

Which are the cases you filed against her, under which sections and which are the cases she filed against you and under which sections.  How many are these are pending and how many are decided by courts?

Yours is a straight forward case.

1. You need to change your advocate first of all.
2. You can file Appeal with condonation delay in Sessions Court.
3. There is patent error in Order of the Court.
4. The Execution cannot be filed in Jan. 2013. The Law is settled; Execution of S. 125 CrPC award cannot be filed after 1 year. Second you have RCR in your favour so the S. 125 CrPC case also should be dismissed.
5. The custody of children will remain with you, she may get visitation.
6. For a 10th. Class fail spouse your writing skills are better than other common man, hence you have better chance of success in sessions Court.
7. The RCR Execution should have been filed much before. Nevertheless now you are eligible to file a Divorce case.

Hello All Ld. Members,

I really appreciate your responses.

@ Chandrasekhar sir -

Husband filed only 1 case i.e. RCR which is in favour  of husband.

Wife filed 4 cases.

1st - sons custody which is infavour of husband and case is closed.

2nd - DV - which is in favour of wife and case is closed.

3rd - case is recovery which is still going.

4th - she has filed under sec 21 of dv. I am yet to receive the summons. I guess this case might be for child custody.

@ helping hand

I know that it was my mistake tht I did no5 appeal. But are there and chaces where I can tell the judge that I am taking care of both the children so kindly reduce the amount and finilize a amount only to wife?

@ Ranee sir

I was been told by my adv tht pay Rs. 1000 per month. If u go for appeal chamces are that the maintainence can be increased also. So I kept quiet.

@ TAJOBSINDIA- 

Sir u are right wife filed the recovery case in this year Jan 2013 not 2012. 

My next date is May 3 2013 so regarding the balance amaount what should I tell the judge? From he time of judgement the children r staying with me. So how come I need to pay her 5k as the amount was including children. Can u please help me with some point that can convince the judge what I am makes sence. 

Also sir can you please advice 

Thank you @ Need Justicefor ur valuable response.

Can the Lead members advice me on what basis can I file divorce?

I am a Christian. On what grounds can I get divorce. 

Ugly part is that wife is using ,y money to file cases against me.

Please help me to save my children my mom and myself from the clutches of this lady. She is really brain washed by her mom and other family members. 

Really appreciate and looking forward for your responses.

Originally posted by : Victim of Domestic Voilence
	Hello All Ld. Members,   @ helping hand I know that it was my mistake tht I did no5 appeal. But are there and chaces where I can tell the judge that I am taking care of both the children so kindly reduce the amount and finilize a amount only to wife?   Also sir can you please advice

Its open court.  You can weep before the judge to show how much you have hurt, talk emotionally too with regards to how much you care about your children and tell the fact that you are taking care of your kids all of their expenditure.

But technically, you need not pay money to your lovely wife for looking after your kids.  It does not make sense at all.  

At the most in whatever section she might have asked for maintenance, section 125 crpc. section 29, section 18 of DV act blah blah blah, she can be given maintenance only under one section of law and not under multiple sections of laws, provided if she does not have any source of income [property, salary, FD, shares, rent from house/apartment etc].

Originally posted by : Victim of Domestic Voilence
	Can the Lead members advice me on what basis can I file divorce? I am a Christian.   Q:  On what grounds can I get divorce.  Ugly part is that wife is using ,y money to file cases against me.   Please help me to save my children my mom and myself from the clutches of this lady. She is really brain washed by her mom and other family members.    Really appreciate and looking forward for your responses.

Ans:  On basis of mental cruetly meted out to you by your lovely wife.

and the story in the divorce petition should go as follows:

1.  My wife along with 1 yr daughter left me and my son 2 yrs old and went for brothers marriage in July 2010. After that she never came back.

2.  After going in Sept 2010 she filed a case against me that I have kept my son forcefully. But the allegation that were made by my wife that I have kept my son forcefully were rejected by the H'onble JMFC court and granted the custody of the son to the father that is me.

3.  In Aug 2010 I filed for RCR and the H'onble Session Court issued ex-party order in favour of me i.e. Husband as wife never appeared in the case. Judgment was that from Dec 15, 2010  wife should return back to husband house within 15 days i.e. by Dec 30, 2010. She never came back.

4.  After that in Feb. 2011 wife filed DV case against me. While this case was running my (husbands) advocate requested the Judge that the husband is interested to co habilitate with wife. So the court asked the wife if she is will to stay with husband to which she responded that she would like to stay with husband. After that on June 2010 wife returned back to husbands house along with daughter.

5.  Due to her frequently talks with her parents she started to behave abnormally and finally she said that she doesn't want to stay with husband. Also said that she doesn't even want the daughter.

6.  So on Aug 2010 she ran away from the court leaving both the children with me. I told her that I will hand over her to her parents in court. But somehow she managed to escape from the court premises.

As per SC judgement in the case of "Rohtas Singh Vs Ramendri", No maintenance from the the date of decree of RCR. Please search on google

Originally posted by : Victim of Domestic Voilence
	@ Ranee sir I was been told by my adv tht pay Rs. 1000 per month. If u go for appeal chances are that the maintainence can be increased also. So I kept quiet.

Change your lawyer!

Hello Ld Member,

My court date was on May 3, 2013 Friday. The judge asked me that how much money am I going to pay today. I said Rs. 1000. He asked my wife advocate if they are going to with draw the money. Wife's lawyer started saying that a huge amount is yet to be paid by the respondent husband that comes up to Rs 1,30,000/- He requested the judge to issue a distress warrant. The judge asked me to pay Rs. 1000/- and the nazar and asked my wife's advocate to give an application for issuing of Distress Warrant. After some time wife's advocate gave an application to the judge mentioning that a huge amount is yet to be paid by the respondent husband which is Rs. 1,50,000/- to the applicant wife. So requesting the judge to issue a Distress Warrant in the name of husband. So me and my advocate filed say and told the judge that the husband is taking care of the children (schooling food clothing medical travelling and other stuff). Also the husband is a 10 fail person where as the wife is studied 12th. In good faith the husband has paid every month Rs. 1000 to the wife as maintenance. Wife's advocate started yelling that husband has disobeyed the court order. As per the order it was decided that along with children the husband has to pay to wife and children Rs. 5000 per month and he has to pay this amount from the date of filing of the application. The application was filed on Feb 2011 and the judgment was done on April 2012. So if we calculate the months from Feb 2011 till May 2013 it comes 27 months. So as per the calculation 27 months multiply by 5000 (5000 x 27 = 1,35,000) Rs. 1,35,000 amount has to be paid by the husband to the wife. Out of this the husband has paid only Rs, 17,000/- till date. So he requested the judge to issue Distress warrant. He also mentioned that the husband has forcefully kept the daughter after the judgment. The truth is wife in the year 2011 month August left the house of husband leaving the daughter with husband and ran away from the court premises. After that the husband filed a application in court that the wife ran away from the court premises as the husband had brought her in court to hand over her to her parents in front of the judge, But somehow she managed to slip. The court accepted the application.

So wife's advocate started to say that he has filed a another case seeking for the custody of daughter.

Hearing all this the judge said that he will decide on this issue on May 30, 2013.

My question to all Ld. and experienced members of this group is:

1). How can I convince the judge not to issue the distress warrant against husband but dismiss/reject the application filed by wife's advocate.

2) I know that a huge amount is pending to pay to wife. So the amount that is pending that is yet to be paid by the husband in that huge amount my children should also get their share. How do I frame my sentences to make the judge get convinced that yes the whole amount is not only for wife but both children also need to have their share.

3) Wife's advocate as file another case seeking for the custody of daughter. Daughter is 4 years old. How can I in the first hearing itself convince the judge that the case what my wife has filed is not valid. She has left my daughter in 2011. The husband never forcefully kept the daughter after the judgment which was made on April 2012. As she left the daughter she never in her case that was running (DV case) she never spoke with the judge that the husband has kept the daughter forcefully. So requesting the judge to ask the husband to give back the daughter. She never ever requested the daughter's custody. Also why she is filing the case in 2013 for getting the daughter back. Was she sleeping these years? Also just for you information when the first time she has left me in July 2010 he has filed a false case that I have forcefully taken away the son. She mentioned in her application that the husband ties up the son who was at that time (July 2010) only 2 ½ years old to the bed. He locks the son on room for hours and goes to work. So this application that was filed by wife seeking the custody of son was dismissed by the H’onable JMFC court. Judgment was Misinterpreted the law. Hence the search warrant under Section 97 is cancelled and the application is dismissed and disposed off accordingly. The custody of son will remain with father. Now my son is 5 years old.  

The intention of wife is only money. She doesn't have any love & affection for children. Children are only blank cheques for her from where she can get money. If she really loved the children she would have filed the case long back seeking for the custody of daughter.

4) Also how can the husband convince the judge to also see the qualification background of husband and wife. Wife is 12 and husband is 10 fail. So in this case the wife being capable of earning still she is not earning and is looking for money from husband.

5) Also from sources I have come to find out that she is working somewhere.  But husband doesn’t have any documented proof. Can you suggest me on how can I get the documented proofs from her employer or any kind of paper where it is mentioned that wife is earning.

Requesting all Ld. and experienced member to look into my issue and provide me convincing answers which will convince the judge also.

Please help a father who loved his children and is working hard for them to make their future bright and successful.