Legal Question in Criminal Law in India

My wife filed 498a case against me and my family oct 10, I got stay from allahabad HC. My case is in mediation center. Presently my wife filed a other case of DV. She write in application for demand of money 10 Lacs and 20 thousand/ month.

My question:-

1 Presently i have not got any notice from court. Can I avoid to receive the notice. ( Any harm to my DV case??)

2. Will court to be order in favor of my wife without my knowledge and we have to pay ??

3. My wife write all family members name , they are safe ??

4. can I get stay from HC for the same DV case ??

5. Can I transfer to HC??


Asked on 4/24/11, 1:49 am

3 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Answers to your questions :-

1) No

2) Yes if you do not contest the matter.

3) Safe in D V case and not in Criminal matter.

4) Yes but you have to make out a case for this stay.

5) Which court your case(s) are pending now.

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Answered on 4/24/11, 7:09 am
Devansh Bhardwaj Devansh Bhardwaj

My friend it will be advisable not to not to avoid the notice.

Yes the Court can pass Ex-Parte orders against you. Thus you should be contesting your case.

You can get stay from H.C. But it is to be seen on what grounds we can seek indulgence of the H.C.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 4/24/11, 7:35 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as you already have got stay against the 498a case, you may also seek stay against DV proceedings stating that the cause of action in both the cases is almost similar. it is advisable to defend the case if you do not get the stay otherwise she may seek ex parte orders u/s 23(2) of the DV Act.

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Answered on 4/24/11, 8:36 pm


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