MyNation Foundation Forum » Advice » 498A

  1. kurheamol
    Member

    This is to inform you that in CrPC 125 the Judge got transferred and the new Judge took charge on 10th June 2012. The opposite party filed application for Defense Struck for the arrears of Rs. 23000/-, on last date i.e. 4th July I inform the Judge about my inability to pay the entire amount and I deposited Rs. 3000/- with the Court. later the Judge asked opposite party lawyer to file Affidavit for claims.......and also after filing the same she had arguments done from both lawyers....now she has kept back for Order on 6th June...

    Will be the defense stuck even after depositing Rs. 3000/-???? In court.????
    The Petitioner rejected same infornt of Court to accept the amount.

    Pls do reply as to what could be the order...and how to deal with the same if it is against me...i.e. if my defense is stuck....also this is to inform you that I have filed the Evidence Affidavit on 4th July......

    Posted 5 years ago #
  2. Dr.Dsouza
    Member

    on what basis she is claiming that much ?
    you can inform new judge that she is working and left you her own.

    Posted 5 years ago #
  3. kurheamol
    Member

    The Order of Defense Struck was passed by the FAMILY COURT against me against the outstanding of Rs. 23000/. I was only able to pay 5K in the court against 23000/-. Still the Order was passed and now my defense has been struck.
    This is to inform you all that I have already filed Evidence on Record.
    Request you to kindly suggest the further course of action as i want to contest this CrPC125 case as my evidence has all the necessary proofs to reject the maintenance.

    Posted 5 years ago #
  4. Dr.Dsouza
    Member

    if court already passed order then, you have approch HC.
    Use citations as per evidence that will give your claim more support.
    as she left you
    she is working / her qualification
    fasle case
    your income etc
    for sure you will get reliefe from HC.

    Posted 5 years ago #
  5. kurheamol
    Member

    Now the case u/s 9 which was in Pune FC filed by me has been transferred to the same Judge who was handling CrPC 125 in Akola FC. The Judge in Akola has got demotion from Principal Judge and transferred to Pune FC. Already the Judge had screwed by case in Akola and now my RCR case is be transferred to her.
    Also, I wish to inform you that I had already filed petition seeking transfer of case u/s 407.....which is pending in Bombay High Court.

    My query:-
    - Can I ask the Principal Judge Pune Family court to transfer the case from said Judge as I had grievances against her and also filing the Petition and Interim Order Copy along with the application?
    - Will the above effective???????
    - Does the Principal Judge Family court has powers to make transfer?

    Posted 5 years ago #
  6. Dr.Dsouza
    Member

    Only HC has power to transfer;
    you can ask to change judge

    Posted 5 years ago #
  7. kurheamol
    Member

    This is to inform you all that the Order of Defense Struck has been set aside.

    This time the arguments were carried out by myself without any help from any lawyer.

    First time I m very much satisfied regarding the order.
    The newly appointed Judge asked me to carry out the proceeding In-Person.

    Thanks

    Posted 5 years ago #
  8. vinayak
    Moderator

    Dear Kurheamol !
    ----------------------------

    I am extreamly happy reading your decision to take the case yourself !!!

    all the VERY best !!!

    excellent decision

    if you are unable to pay there is EVERY change this wife will get only the rs 5000 you have given so far and NOT 23 000 !!!!

    wow !! you've made my day

    regards

    -----------------------

    general notes :

    READ THE LAW ....READ THE LAW ....READ THE LAW ....READ THE LAW ....

    SHED FEAR ...SHED FEAR ....SHED FEAR ....SHED FEAR ....

    Regards
    Vinayak
    Posted 5 years ago #
  9. vinayak
    Moderator

    Dear Kurheamol !
    ----------------------------

    since this thread is many months old, it may also be a good idea to post a short synopsis

    1. what cases are being fought ...
    Sec 24 ?? sec 25 ? HMA
    Sec 498a ? IPC
    sec 125 Crpc ?
    etc ..etc

    Make a small table like this
    ----------------------------------------------

    this is just an example

    Section.................... start date ........................ present status ...............

    498a IPC.............. ____/_____._____............... FIR Filed ? investigation over ? AB obtained ? ...
    .......................................................................... First hearing over ? ..... reply filed ??

    24 HMA ................ ____/_____._____............... OP Filed ? Replied filed ? interim order passed ?
    .......................................................................... First hearing over ? ..... ????

    125 CrPc................ ____/_____._____............... OP Filed ? Replied filed ? interim order passed ?
    ............................................................................ Rs. _______/- p.m. decreed , unable to pay Rs. ____/- p.m.
    ............................................................................ etc etc etc

    this may help others to follow your case

    .............THIS is just a SUGGESTION !!!...............

    Regards

    Vinayak

    Regards
    Vinayak
    Posted 5 years ago #
  10. vinayak
    Moderator

    I once again take this opportunity to than Dr. D'Souza for the excellent service he has done to families in India

    Single handedly he has been running this website for a decade + !!!

    Kudos ..... and salute !!!!

    regards
    Vinayak

    Regards
    Vinayak
    Posted 5 years ago #
  11. kurheamol
    Member

    Well, Vinayak pls find below the summary..

    ----------------------------

    synopsis

    1. Im fighting cases of Sec 9 of HMA which was filed by me first on 2nd April 2011.
    2. to Counter this the opposite party filed case in Police station u/s 498a but it was not converted to FIR, as it was referred to the mediation center...........Women Protection Cell.
    3. On 15th june 2011, the opposite party filed CrPC 125 in Akola FC. Interim Order was passed of Rs. 5000/ on 5th Jan 2012.....total bias order.............current status is that Im leading my evidence. Next date will be my cross examination.

    Let me tell u that I was harassed by the Police, Judge in FC Akola, but with the help of Mr. D'souza, Mrs. Dhavale, Mr. Rajesh Vakharia, Mr. Atit, Mr. Kailash Khairnar and many other fighters I have been able to fight my cases....
    Also to mention that I have filed the petition u/s 407 against the Principal Judge Family court Akola in Bombay HC which is pending.

    Police were pressuring me to bend down to the foots of the Legal Terrorist, Judge was also doing the same.......

    Posted 5 years ago #
  12. vinayak
    Moderator

    thanks for the summary kurheamol

    Great to know about your spirits and fight .....

    regards
    Vinayak

    Regards
    Vinayak
    Posted 5 years ago #

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