Mr.Rebates

Mr. Rebates

Sunday, March 4, 2012

How to delay DV case

Origanily posted by 498aFigther


This is how I delayed the DV process from USA

1) My wife made me and my father as the party in DV case

2) Summons were served to my father as he was in India. Summons were sent to me at my work place. Since it was a company address, somebody else signed for it and then later dropped it in my mail box. I refused the package (without opening) and gave it back to the company mail guy (shouldn't have refused them). They went back to India as refused. But the judge still didn't consider them as being delivered and issued fresh serving of summons. This time I had already talked to my company's mail guy. I sent back the summons and wrote on them "Addresse not found". The judge issued fresh summons. Again they were sent back. The whole process takes some time so we were getting a months date each time. Also, since the summons were never served on me, the DV process didn't make any progress. Finally, after one year, the judge accepted the serving of the summons (even though the delivery report specifically stated that somebody else signed for them), and ordered to proceed ex-parte on me.

3) We were monitoring all the events very closely through my father's lawyer. 

4) My wife never explicitly pressed for interim maintenance even though she has sought 1lakh per month in her original complaint. (she could not get it from my father anyways)

5) Now next date was set for her statement. Now round 2 of delay started. We submitted and application from my father's side on the very day she appeared for giving her statements. This application was to dismiss the DV case against my father citing "No Domestic" relationship. So the judge set another date for opposition's reply. On next date the judge dismissed our application. We then moved to the sessions court and the file went there. The application was dismissed there too but it consumed some time. 

6) My wife's statements were recorded in two-three dates. Then her cross-examination started. I prepared the cross and sent it to my father.

7) Regarding ex-parte, it was only that the case will go on without my presence. I could have gone later on and challenged the ex-parte order on very simple argument that as per the delivery report the summons were signed by another person and hence were not properly served on me. And eventually would have got the ex-parte order set aside. I think (but am not sure) that you can do this only before your wife's cross-examination.

8) My wife pursued the DV case very aggressively. After the case was ex-parte on me, they were getting a weeks or 10 days date. But we fought well. In all we were able to delay the process by almost 2 years without even giving her a single penny. 

9) In the whole process I was not represented by any counsel. In fact for legal reasons I didn't even know that such a case was going on me

10) Meanwhile I figured out where she was working and how much she was earning. She lied blatantly in her cross-examination that she was not working and needs monthly maintenance of 1 Lakh. My father filed crpc 91 to call records from the company where she was working. I think this scared her as she didn't want anybody in her company to know that she was involved in these cases and that she had lied on oath in the court. After this they started taking long dates (> 2 months) in the case.

So try to find some weakness that she might have. Also, for this whole time I was preparing my and my father's defense, gathering proofs, finding discrepancies in her complaint, preparing cross etc.

I also want to add 1 point "to delay DV" in addition: SEEK MEDIATION, it works dear! 

498aFigther

3 comments:

  1. Can you please give me your email ID: anupam_3@yahoo.com

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  2. We r in the same situation. My Sil who is a US citizen by birth married my brother who is also a citizen of usa married under hindu marriage act 2005 and lived with him for 4 weeks and went to india filing a DV case on my brother, father,mother and me. My father has received the summons and since we are staying in USA we haven't received it. But they have asked for registered post with acknowledgement. What I want to know is they are asking huge money for the wedding expenses/maintenance of 3lakhs and compensation of 4 crores. We don't know on what grounds they are demanding. How do we go about it? Can someone help us?

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