MyNation Foundation Forum » Advice » 498A

  1. Dr.Dsouza
    Member

    judges dont remember all your prayers; when he ask take her back; you have to tell him
    "how can i take her back when cases are pending....?"
    Never say you will not take her back.

    Posted 6 years ago #
  2. kurheamol
    Member

    Sir, I said the same things....where Judge replied that this case will not get over for next 3-4 months. We will ask you to attain the dates even after you take her back..........

    also i told about her Illogical demands but Judge didnt listen to me stating that "there are no demands in front of Court" now tell me wheather you will take or not?

    By this time i was frustrated as Judge was not listening to my pleadings..........and I denied taking her back.

    Then Judge asked me to give in writing that you are denying to take her back.

    Posted 6 years ago #
  3. kurheamol
    Member

    Judge is giving dates every after 4 days.
    I requested them to extend the same but aren't listening.
    Also in RCR my ex has failed to attain 2 dates. And has filed the Affidavit.

    Now as I'm Heart Patient and I have to travel apprx 500-550 Kms from Pune to Akola its not feasible to attain the dates which are so closed. also the Lawyer I gave is from Pune.
    What should be the strategy to get long dates???
    Can I go for transfer of Case from Akola to Pune as i'm Heart Patient? Also currently I'm jobless.

    How to deal with these situation???

    Posted 6 years ago #
  4. Dr.Dsouza
    Member

    its is good you are getting dates every week; so you can finish case fast;
    when we wanted such dates judge was giving dates after 3 months;

    you can appoint lawyer at Akola and ask him to act and plead for you
    see this judgement
    http://mynation.net/docs/510-2000/ [ Under Section 313 Cr.P.C, accuser Presence not required ]
    http://mynation.net/docs/accuser-presence/ [ Accuser Presence is not required under 313 CrPC ]

    Posted 6 years ago #
  5. kurheamol
    Member

    Today I had date for RCR in Pune FC. Its been 3rd consecutive date my ex being absent. What should we do....

    Posted 6 years ago #
  6. kurheamol
    Member

    I m looking forward for a MEMO sample/format/application to seek relief from personal appearance in CrPC 125.

    Judge is continuously giving to close dates. Now to attend the same I need to travel apprx 550 Kms. The dates are very close with 5-8 days difference.
    Also, im heart patient suffered "Vascopatic Angina", I informed the court of the same but not of use. Moreever I want the long dates in CrPC 125 so tht I can finish RCR before.

    Also I'll appreciate if you could provide citation citing " Personnel appearance not required in CrPC 125"

    Posted 6 years ago #
  7. kurheamol
    Member

    Can some one on this forum help me with the MEMO sample/format/application to seek relief from personal appearance in CrPC 125.

    Posted 6 years ago #
  8. kurheamol
    Member

    Dear All,
    This is to inform you all that the Judge is not co-operating with me. She is continuously giving very close dates which are in weeks time.......i.e 5th, 10th, 15th, 31st Oct 2011 then 8th, 16th and now 21st Nov 2011. I tried sending Telegram applying for exemption from Personal Appearance in CrPC 125. Its not possible to attend each and every date as I m heart Patient and also the distance between Pune Akola is more than 500kms.
    This shows the bias nature of the Family Court Judge.

    I even appointed Lawyer in Akola to attain on my behalf but still Judge is not accepting my Say. its almost 3 dates Judge didnt accepted the SAY which was send through my Lawyer. Now in todays Date she ordered NO SAY. What does that mean.

    Is is that I cant file my say?????
    Will she deliver Ex-Partee now?????

    Pls pls help me.
    I wanna transfer this case.
    or atleast not before the judge.

    What is the procedure.

    Posted 6 years ago #
  9. kurheamol
    Member

    This is to inform you all that the opp party has filed for Interim Maintenance in RCR case in Pune FC. Already filed the CRPC 125 in Akola.

    How to deal with it. What are the possibilities to denied the interim maintenance.

    Posted 5 years ago #
  10. Dr.Dsouza
    Member

    why she is filling in different places, she has to ask interim where she ask maintenance. anyway most of the time judge order interim, only if you win her otherfalse cases then you can counter her interim

    Posted 5 years ago #
  11. kurheamol
    Member

    with reference to the case of CrPC 125 in Akola another biasness of Judge was marked.

    Now on this date I informed the Court that my wife didnt came with me to Pune. but the story was well informed to the Court by the opposite site that I didnt took her. The Judge, on their story started scolding me...stating that I have been informed about what you did to not to take her back.

    When I told the truth Judge said that today to again book the tickets I'll send courts person along with both of you, are you ready to take her back???? My reply was affirmative. Judge asked us to have Lucnh in Court permises and will show the bus tickets.
    When we got down stairs of Court permises her Lawyer was poisioning my wife that file the POlice complaints even he say anything to you and all that bla bla bla...
    I went back and informed the Judge about the same, again Judge was of the view that I'm playing all this tricks..then she asked me about the Lunch......and with that starte shouting that I didnt obey the Judge orders of getting Lunch...and the intentions of not taking my wife back.
    Immediately Judge asked the opposite lawyer to file interim maintenance application, to which I was been asked to file reply immediately. Judge was forcing me to give in writing that I dont want to take her back and I'm withdrawing the constrait. I gave in wirting the same thing which took place and also stated that today i'm not in proper mindset to take her back.....to which Judge wroted her remarks of two pages. I dont know what she wrote.
    I requested for next date which was given as 31st dec 2011. I'm being harrashed by the Judge....by giving close dates, not allowing me to file my say, passed the No Say order, to which i applied for setting aside the no say order, but still the say was accepted.

    What should I do now???? I want to transfer the case from that place to Pune. Ground are Medical has I'm heart patient, Court, inspite of submitting the medical reports is assigning close dates which are 4-8 days close. As the case is more that 500Kms away from my town no relief is given, also Judge is forcing/ compelling me to take her back.

    Posted 5 years ago #
  12. Dr.Dsouza
    Member

    file transfer petiton with HC based on jurisdiction not on your Health
    if she is harassing it is better to complain against judge to CJM of HC and dont forget to make copy (cc) to same judge.
    anyway you are on the way to loose this case why not report it.

    Posted 5 years ago #

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