I have filed maintenance case under section crpc 125 on 20 sept 17 in karkardooma court delhi. Judge has given first date of hearing on 15 jan 2018 which is too far. So my questions are: Is this normal such delay in first date if hearing? Or is this delay in first hearing date is particular for case like 125 crpc? My lawyer told me that this delay is due to pendancy of cases. Is this true or not. I am also going to file a dv case in the coming week which will go to mahila court in delhi, is there the same thing will happen as in crpc 125 case or they will me date in this year only. Please tell what is time period when my husband will be summoned is it 1 month or more?
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Lawyers are available now to answer your questions.
1. Since after filing of the case the next is for service of summons o the case to the other side, court gives next date so the service of notice gets completed by that time.
2. In that circumstances nothing unusual has happened in your case.
3. Wait for the next date and take the case forward.
All the best.
Courts are over burdened with cases hence long dates
2) in DV case you can expect interim orders only after 6 months to one year
3) husband would receive summons in 2 months or so but husband has to file detailed reply abd interim orders would be passed after considering arguments on both sides
Ye this is the notmal time, notice mist have been issued to the opposite party. After the first date next dates will not happen after so long.
In DV cases there will be no such long dates as the same happens to be pary criminal in nature.
Regards
Hi, such long dates are generally given due to the reason of large amount of work loads in court ...2) you can file domestic violence case .. The procedure is different in criminal cases .. After you provide a complaint , your husband will be called by the police for the purpose of investigation .. After due investigation police will register a FIR in court .. In Criminal trial , hearings will be not of so long durations
1. For service of summons such a long date is very normal due to huge pendency of cases.
2. In DV case also more or less the same time will be given for service of summons.
4 months from the date of filing for crpc 125 . My lawyer said it will take 1 month for court notice to reach to my husband place and also filing will be done by SHO police not by court is this normal. Can summons be issued thru police as well or it depends on case. Actually i m frm delhi so filed case in delhi but my husband is from uttar pradesh. Could it be d reason for filing of summons thru police.
Yes the service of summons through SHO can be and is done if the respondent is residing in another district/state.
Since your husband is located in another state service of summons may take time
Your lawyer has correctly guided you
it can be issued both through police and the post.
Summon are usually filed through two ways - one is normal procedure (through police) and other is Dasti (serving notice personally). If the order has been passed by the court that issue notice both ways then you can go and serve personally also otherwise the process server (a court official through police and not police) will do the needful and it takes time.
regards
The time period given based on your lawyer and the petition.
4 month time is bit huge period for next hearing.
discuss with some lawyers.
1. The very long first date of hearing is given based on few factors, namely, the address of respondent, burden in court etc, hence there is no abnormality in it since it depends on the work load of that particular court.
2. The Mahila court situation may be different hence you may file and get to know the situation of that court after filing the proposed DV case.
SHO has nothing to do with the criminal complaint under section 125 cr.p.c. seeking maintenance becasue it is filed directly by the petitioner before court without involvement of the police.
The court will send the summons to the Uttar Pradesh court through Supreme court hence this will take abnormal time to serve the summons, the summons generally are not sent through police, but it again depends on the practice and procedures. being followed locally
In my dv case judge has moved the matter to mediation cell. My question is does this make any impact on my upcoming case of maintenance under crpc 125. Means do mediation in dv case also make any type of stoppage in crpc 125 case. Because I need interim maintenance from my husband, so mediation in dv case can impact maintenance under crpc 125 or are there separate hearings in crpc 125 case apart from dv mediation.
The mediation is for DV case alone, if that is not going to materialise then the mediators shall send the case back to the regular court.
This has nothing to do with the maintenance case until he is arguing on that point, which can be brushed aside by you stating that you need interim maintenance to meet your expenses hence this should not be combined with that.
The mediator will also not take up that issue if that case is not under reference
No it not an estoppel for you to file a 125 case.
Since DV case and 125 cases are two different issues and therefore hearing of the same shall take place in two different courts.
Regards
No, this will have no cast a negative impact on your maintenance case.
DV and maintenance are separate proceedings and the two are not even remotely connected to each other.
There will be a separate hearing in your 125 crpc maintenance case.