Sirji, Wife filed DV case u/s. 12 r/w. 18, 19 etc. and after 10 days she filed affidavit in application u/s. 23(2) of DV Act for such situation arisen by Husband because Husband threw all her belongings out of House and locked the House Magistrate granted Ex-party Interim Order u/s. 23(2) amongst others allowing Wife to enter in shared House and stay therein Husband filed Appeal before Session Court u/s. 29 of DV Act against that ex-party-Order but Stay was Not granted (APPEAL NO. 1) Even though Husband did not comply with protection Order given vide above ex party Interim Order of Magistrate Hence Wife filed contempt application u/s. 31 of the DV Act before the same Magistrate And Magistrate Issued summons on [deleted] against the Husband Husband filed Appeal before Session Court against the aforesaid Order dated [deleted] in Sec 31 case (APPEAL NO. 2) Then in due course of time Husband was served Summons, thereafter B/W and then NBW and then Husband came with bail application on [deleted] The Magistrate released Husband by passing Order on [deleted] with direction to Husband to comply with Ex-Part-Order in 15 days or he will be sent to Jail Husband filed Appeal before Session Court against the aforesaid Order dated [deleted] in Sec. 31 case. (APPEAL NO.3) And then Husband ran away and he was caught on [deleted] and Wife filed Application u/s. 437(5) of CR P C to cancel his bail But Husband pleaded on Medical Ground and hence Magistrate passed Order dated [deleted] and again granted him more 15 days as Last chance to comply with the said ex party Order otherwise jail Husband again filed one more Appeal before Session Court against Order dated [deleted] i sec 31 case. (APPEAL NO.4) MY PROBLEM :- Appeal No. 1 is against the original ex party Order in DV case NOW Appeal No. 2 is against the Order dated 9-5-17 issuing summons to Husband while registering the new case filed u/s. 31 of DV Act against Husband Appeal No. 3 is against the other Order dated 15-10-17 giving conditional bail to Husband with direction to comply with ex party Order in 15 days Appeal No. 4 is also against the third Order dated 15-12-17 again giving conditional bail to Husband with direction to comply with ex party Order in 15 days Query (1) Can I file Common Reply to Appeal No. 2, 3 and 4 which is against three Orders in the same sec 31 case. (2) Whether such type of repeated Appeals are allowed against each Order in same case (3) All the 04 Appeals are pending and tomorrow is the last date for final arguments Please Guide to remove confusion and tell what can be technical Reply to these three Appeals No. 2 , 3 and 4 Thanks HARIOM
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Yes different appeal can be filed against different orders, since all orders were different in nature though arising out of same set of facts.
Different reply to each appeal has to be filed, since all the appeals arises from different cause of action.
Appear and tell the court that the appellant is not complying with the order of the court and is misusing the process of the court by preferring such appeals.
Regards
1)file separate reply in all 4 appeals
2) separate appeals can be filed against each order
3)your lawyer will file reply to each appeal
4)it is necessary to peruse appeal memo to draft replies to be filed by you
1. All Appeals filed against different Court orders should be replied appropriately paragraph wise which will not be the same but based on similar grounds.
2. No body should be restrained from preferring Appeals and in the instant case the Appeals are againsrt different Court orders.
3. Argue for dismissal of all his Appeals.
Yes he can file appeal in all the orders of lower court as it is his constitutional right to do the same. You can file a single reply if all the said matters in appeal are before the same judge in Appellate court and with the permission of the said judge to do so.
1.Since cases are different you will have to file separate reply in all those 3-4 cases. Howeevr since the contention will be almost same you can file same contents in all the three replies though filed separately.
2.Against every order a new appeal arises.however once you show the misuse of this provision by your husband to avoid paying you maintenance the appeal would be dismissed for sure.
3. Place the desperation of your husband to avoid amaintenance.You will get justice for sure.
Sirs / Mams The Magistrate gave ex party interim Order u/s. 23(2) of the DV Act and allowed Wife to enter and stay in the shared House. This Order is passed against Husband and his Parents, too because they are also party to the said DV case The Husband and his parents filed Appeal u/s. 29 against the aforesaid ex party Order Actually the Husband had filed Divorce case in HMA before Family Court and admitted therein that Wife has been staying in shared house with his Parents in Joint Family and the shared House is ownership of his father. Magistrate passed ex-party Order primafacia because of three reasons (1) It was found that Husband and her parents committed DV (2) The Husband admitted in Family Court that Wife has been staying in shared house with his Parents in Joint Family. and (3) Husband and his Parents kept no House for wife in whole India and thrown her belongings out of shared House and then Husband and his Parents all ran away In such case whether the Session Court have jurisdiction to do critical examination to ascertain whether the shared house is shared house or not ? Guide HARIOM
1)IF father is the owner of house wife cannot claim right to stay in said house
2) in such a case court could have awarded alternative accommodation to wife
3) in appeal draw attention of court to fact that house is owned by father
1. Session Court certainly has the jurisdiction to hear the appeals on merits.
2. The Session Court shall examine whether the Court lower has committed any error in law and/or facts while passing the said ex-parte order or not.
3. You shall have to contest the said appeals fittingly. Since it is an ex-parte order, you shall have explaining what error the court lower has committed in passing the said Order despite contrary statement has been made by the applicant in her application.
Hi,
You may file reply for all the orders as the cases are linked to each other by praying the court to listen all the cases together.
Non compliance of the decree by husband will lead the cancellation of the bail and he would be sent to jail for contempt of the court.
Advice you to comply the order for the time being and pray for further relief.
If the husband has share in the property of the matrimonial home of wife then only it would be considered as shared household. The property belonging to in laws will not be considered as the shared household.
(1) Can I file Common Reply to Appeal No. 2, 3 and 4 which is against three Orders in the same sec 31 case. - The appeal is all about non-compliance of the JM's order, therefore without going through the pleadings, counter and order, do not reply as common.
(2) Whether such type of repeated Appeals are allowed against each Order in same case
If orders are different, then appeal is allowed.
Please Guide to remove confusion and tell what can be technical Reply to these three Appeals No. 2 , 3 and 4 - Technical will not help, it is only the facts which will come to you aid for non-compliance. Explain the facts and circumstances leading to non-compliance of the order.
In such case whether the Session Court have jurisdiction to do critical examination to ascertain whether the shared house is shared house or not ? As it has been admitted in your pleadings, no critical appraisal is required.
1. Common reply cannot be filed as the appeals are separately registered.
2. In DV Act every order of the magistrate can be appealed against. Every order is open to appeal. No party can be stopped from filing an appeal which is a statutory right.
3. Only your lawyer can draft as he must have perused the appeals. Without perusing the appeals we cannot tell you what the defence has to be.
Sessions Court can reappreciate the entire evidence on the basis of which the magistrate passed the order under appeal.
Query
(1) Can I file Common Reply to Appeal No. 2, 3 and 4 which is against three Orders in the same sec 31 case.
You cannot file a common reply together to all the appeals.
You have to file reply separately to each appeal based on the grounds of appeal in each appeal
(2) Whether such type of repeated Appeals are allowed against each Order in same case
It is the court to decide but you can very well strongly object all the appeals.
(3) All the 04 Appeals are pending and tomorrow is the last date for final arguments
You equip your advocate with sufficient material information
In such case whether the Session Court have jurisdiction to do critical examination to ascertain whether the shared house is shared house or not ?
You have expressed your feelings and your own opinion to the case.
It is not necessary for the court to answer to your opinion.
The court will take action as per the provisions of law.
You wait for the judgment by the sessions court in the appeals preferred before it.
You can go in for the appeal under the provisions DV Act.
Yes sessions court will see that the said household is a shared house hold as per section 2(s) of the Protection of Woman from Domestic Violence Act 2005.