• Number of Adjournments in interim petition of DVC

I filed DVC on March 04 2018 on Respindents 1 and 2 and the notices were served to R1 and there was a representation on the first day of Adjournment. I do not have a lawyer and doing Prosecution in Person. I asked for maintenance, right of residence, compensation and protection. I lost my job, visa and Green Card because of him and currently residing in india. They attempted to kill me and is an addict. Respondents also residing in India.

I filed two Interim Petitions in April 2018 - 1. Monthly maintenance, 2. Right of Residence. Notices are served. They changed three lawyers since then and have not been attending the court or filing counters. Judge had given them 6 Adjournments so far. Meanwhile they sold their house. On the 5th adjournment, R1 came to court and fake cried that he loves me and want counseling. I brought it to the Judge's notice that I have been to counseling centre (protection officer) and that they have submitted the counseling proceedings in court. Also submitted the sale registration of his house and protested giving them another Adjournment. Yet she went ahead and gave them the 6th date (another 30days) for counters on Interim Petition and passed order forcing me to second counseling even though all evidences of his torture are submitted in court. Note that the Judge is only 27years old and is only one month experienced. 

1. What should I do to stop her from giving more adjournment dates and grant me interim maintenance. Can I ask in any higher court to direct the lower court ?
2. What can I do about the house being sold (he put it in his friends name .. Sold for 25lakhs while the property is worth 90lakhs). He sold the house before I filed Interim petition for right of residence. Note that he sold after he received notices of my main DVC. I still have my belongings there.

This is only giving them time to safeguard the money etc so that they dont have to pay any compensation. This is taking a big roll on me.
Asked 6 months ago in Criminal Law from Guntur, Andhra Pradesh
Religion: Hindu
1) you should insist that respondents pay costs for adjournment 2) that since 6 dates have been granted your application for interim reliefs be placed for arguments 3) since no stay order has been passed restraining sale of property husband was at liberty to sell the flat 4) you can seek alternative accommodation from husband
Ajay Sethi
Advocate, Mumbai
54206 Answers
3251 Consultations

5.0 on 5.0

Dear Client, Better appoint some advocate, in person won`t make that effect, No such adjournments granted by court in DVC without interim relief. Opposite party can request for time to file reply but court passes interim maintenance orders at least. More audience given to advocates not to parties by court. Approaching higher court for early disposal will take more time, till next date will reach. File FIR for recovery of belongings U/s 406 IPC, include 498a also.
Yogendra Singh Rajawat
Advocate, Jaipur
6456 Answers
5 Consultations

4.7 on 5.0

1. In DV cases giving adjournments is generally limited to 2-3 dates for the interim petition of maintenance hearing. Since the adjournment is more than usual then you can file an application before the high court for expeditious hearing of the case. 2. You can do nothing about the house sold. However he is liable to give you money for alternative accommodation. 3. However selling the house can not protect them from giving you compensation.
Devajyoti Barman
Advocate, Kolkata
14647 Answers
203 Consultations

5.0 on 5.0

See since this time she has already granted time if in the stipulated time if they don't file their reply pray before court to close their right to file reply as enough opportunity is given, cost for adjournment , further proceed with matter ex-parte and award maintenance and residence right. The court on your application has to pass an order based on order you can proceed if further the court does not take action then file a writ before high court seeking direction for court to expedite the matter as the DV proceedings are time bound. File an application before court to grant stay on transfer of the House as it was your right of residence there and the respondent has wilfully transferred same to jeopardise your right in alternative seek your belongings and alternate accommodation. Further i would advise you to engage an Advocate as in law there can be lot of procedural difficulties and as a party in person you may not know few things so better to engage lawyer, it would be better for your case.
Shubham Jhajharia
Advocate, Ahmedabad
9416 Answers
30 Consultations

5.0 on 5.0

1. What should I do to stop her from giving more adjournment dates and grant me interim maintenance. Can I ask in any higher court to direct the lower court ? Answer: Yes you can approach the higher court. You can file a writ petition in high court, and obtain directions from the high court to direct the lower court to expedite the process. This is a rare phenomenon though; 2. What can I do about the house being sold (he put it in his friends name .. Sold for 25lakhs while the property is worth 90lakhs). He sold the house before I filed Interim petition for right of residence. Note that he sold after he received notices of my main DVC. I still have my belongings there. Answer: This will be difficult to prove that he did it with that intention. You will need that friend's statement in court that it was done with the intention to avoid you, your right of residence; This is my response to you: 1. Obtain the roznama from court; 2. You can ask the judge to pass an ex-parte order in your favour since they are taking too many adjournments; 3. You must also take help of advocate to argue the case on your behalf otherwise the opponent side will take undue advantage at several occasions.
Gowaal Padavi
Advocate, Mumbai
1555 Answers
2 Consultations

5.0 on 5.0

1. You should have the judge to impose exemplary costs on them as they are taking the court for a joy ride on the pretext of changing lawyers and taking adjournment for the same. You should also plead before the judge that what your interim applications maybe put for arguments on the next date as 6 adjournments have already been taken by the other side. 2. You really cannot do anything she has sold this house but selling the house would not affect your residence rights for which your husband would be liable to pay. You should also consider filing police complaint against your husband and his family members for confiscating your stridhan as well as personal belongings asking them to take serious action. Regards.
Siddharth Jain
Advocate, New Delhi
2517 Answers
28 Consultations

5.0 on 5.0

1) notice not to alienate properties have been passed by court on 19/4/2018 . however mortgage has been done prior to court passing order 2) application restraining sale of residence is required to be filed in DV case only . notice to be served upon respondent s 3) similarly application praying for exparte should be filed in jr additional civil judge court . notice to be served upon respondents
Ajay Sethi
Advocate, Mumbai
54206 Answers
3251 Consultations

5.0 on 5.0

1. In these circumstances the only efficacious remedy is to move the High Court with a petition to seek directions to the lower court to expeditiously decide the interim applications. There is no other remedy to cut short the delay and stop the court below from giving adjournments. 2. The house that has been sold by him to his friend can be challenged by you on the ground that it has been done only to defeat your right to residence in it. It is filed under Section 12 of DV Act only. 3. The mortgage of properties can also be challenged on the ground that it is sham.
Ashish Davessar
Advocate, Jaipur
24668 Answers
689 Consultations

5.0 on 5.0

Sec 23 is for Interim order, so i said court should have passed it, it opposite party seeking continuous adjournment, No separate application, you must have sought remedy under this section also, otherwise direct oral submission to pass order under sec 23 of the Act. all application will file in same court. U/s 19 (a) of Act. Not included this sec in DV petition ? If already injunction order is granted than why filling fresh application, File application of contempt for violation of court orders. Best advise - hire some advocate.
Yogendra Singh Rajawat
Advocate, Jaipur
6456 Answers
5 Consultations

4.7 on 5.0

You can oppose the adjournment application strongly with Supreme Court judgement. You can go to the higher Court if unnecessary adjournments are granted
Prashant Nayak
Advocate, MUMBAI
3402 Answers
2 Consultations

4.8 on 5.0

You can object and file transfer petition before district judge explaining bias as magistrate ignoring severe issues which is going to defeat your case.
Konda Srinivas
Advocate, Hyderabad
208 Answers
1 Consultation

Not rated

If you are not comfortable with the judge and suspect her to act in a biased manner you can file a transfer petition to transfer this case to some other court. But incidents what you have stated are routine in any court, you cannot blame the judge about it. Even if the judge is new to this profession, you should understand that they are having experience and knowledge in the legal field and prior to this they were advocates, hence dont under estimate their capability. As far as the house property is concerned you cannot claim any right over it. Your petition is for residence and not for a share in the house property. It is his property, he has full rights to dispose the same in any manner to anyone of his choice. If there is no restriction from court then there is no legal infirmity in selling the house. You re concerned about residence, if the court passes an order directing him to provide residence, he will provide that and it is not necessary that he has to provide residence only in that house.
T Kalaiselvan
Advocate, Vellore
44151 Answers
502 Consultations

5.0 on 5.0

You have already filed the case in the court hence what is other relief you are seeking now? The summons have already been served on them and the respondents have appeared before court, hence you go ahead with the proceedings. You can file a stay petition in the same court but what will be reason for filing stay petition for residence if you do not have any rights in that house? If you have filed a maintenance suit in a civil court, you could have got an interim injunction or Attachment before judgment of the house property to be kept on charge for payment of maintenance amount as ordered by court. Whereas you have filed only residential rights, hence you may not get a stay If you confirm that there is an interim injunction order by a court then you may file a contempt of court case for the alienation done by him.
T Kalaiselvan
Advocate, Vellore
44151 Answers
502 Consultations

5.0 on 5.0

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