Sir, my wife filed 498a etc etc cases after i filed for divorce. She then applied for transfer of divorce in her city in high court. I have now realised that HC will definatly accept her plea because rajasthan HC so far never ever denied to any lady. My lawyer advised me that we will show her bad conduct in court and will try to convience judge not to transfer the case. For that he has taken my major document proofs from me and made them annexture in reply. Now i know that anyhow she will win in HC and i am affraid that other party will also come to know about my proofs and they will prepare there reply for that in 498A and dimestic violence case. My quary is: 1. Will opposite party recieves copy of all attached proofs in my reply petition? 2. Should i use these proofs at this stage or stop my lawyer from submitting them? 3. How to ensure that opposite party do not modify there versions of statement in 498A after coming to know my proofs in transfer petition? Proceedings of 498A yet to start. 4. My wife is claiming tht she having MLC but her lawyer has not attached it in transfer petition . How can i get copy of MLC, police denied it already.
1. Yes the opposite party shall get complete reply petition along with the all the enclosed documents.
2. There is no harm if solid documentary proof you can use at this stage also can file quashing petition on HC of strong documentary proof.
3.they can as the statement before magistrate is not recorded but same can be contradicted through cross. and statement before police.
4. can ask through court to produce same.
Firstly, Sir, every time when you are filing any document in the court of law you need to provide the service proof as you
Have supplied the copy of the same to the other party.
Secondly, so if today you may not disclose those then at the time of final hearings in other cases you may have to provide the same to the other party.
Thirdly, I advice you to not to stop your advocate from doing the same as he may get succeed in that.
Fourhtly, or you can say that all complians are false and it is only for the reason so that she can make you harass for no reason.
hello
the opposite parties receive all the copies of any doc you file in the court. sir the nature of the docs can only be ascertained by the person who has seen them. for that doc must be shown in order to receive sound legal advice.
opposite party can modify its version in the lower court on the basis of information which it did not have during previous occasions.
therefore, before attaching any doc seek sound legal advice and then proceed.
regards
1) OP would receive copies of all proofs attached to your reply
2) don’t submit these proofs at this stage
3) wife cannot make out a new case in 498A complaint filed by her
4) in charge sheet Police would enclose MLC obtained by wife
1. What reply they will give in 498A case? If she has already filed 498A then the case will proceed on merits. No reply is filed by either accused or complainant in 498A. Similarly if she files a DV case then you are the one who will have to file the reply, not her.
2. You are bound to supply a copy of your reply along with all annexures to the opposing counsel.
3. Depending on the nature of documents alone one can take a call whether they have any nexus with contesting the transfer petition. We do file documents in our reply to transfer petition but there can be no straight jacket formula as to which documents are to be filed and which are not to be filed.
4. MLC is not required to be annexed with transfer petition. You will get a copy of MLC when police files the final report.
1 yes the copy of the document is the right of the opposite part and at the time of submission provided to opposite party.
2. If you are looking for the divorce then this is not the stage for evidence. The court will allow the transfer as she is a lady. Any proof submitted at this point will be a matter of examination and may not benefit you in transferring the case
3. The FIR in this regards is the part of the case so there is no point of saying something else other than the FIR but she can detail in her statement.
4. If there is no documentation in this regard then what is the point of asking the document
Dear Client,
If you will keep important documents with you only than at later stage, court will not allow you to submit, so its good to bring those docs on record.
Yes,
Depends on nature on documents and if docs are of such nature which shall be used as your best defense than don`t enclosed with reply.
Once FIR and statement recorded,party cannot changes its stand otherwise repercussion.
Get under RTI or apply for certify copy of charge sheet, if filed in court.
1. The opposite party has a right to know about the documents you are submitting before court in order to defend their interests, hence you cannot avoid it.
2. Dont do anything that may hamper your defence.
3. The opposite party cannot modify their version already submitted before court, if they do so then it will become fatal to their own case.
4. You dont worry about the non submission of any such document, you can argue on that and can defeat her claim.
my contect no [deleted]
1) Is there any cross examination of wife allowed in DV case? because in DV act it is written not necessary. 2) Magistrate has sweeping powers in DV act and CRPC 125. can they attach my fixed deposites and land purchased by me also to give it to wife? 3) If now i transfer all money and land on my mothers account. can this work and safegaurd my money? DV notice still to be served to me. 4) In DV case from other side Public prosecutor will plead or she can have any private lawyer also. 5) I have three very important and relevant proof that DV does not happened, my lawyer saying no use to give it because in DV case any how you will loose because of your gender. so try to plead only for reducing interim maintenance. i am confused what to do? 6) Is there any provision to stay divorce proceedings initiated by me till DV and 498A is decided? if there any provision please tell.
You have right to cross examine wife
2) untested evidence is no evidence
3) court would not attach your FD ,land
4) you can transfer money and land to your mother
5) rely upon evidence in your possession
6) stay of divorce proceedings would not be done
1. If she has examined herself in chief, the respondent is entitled to cross examine her.
2. No, the sweeping powers do not mean to say that such illegal acts can be done by the court.. It will be against your fundamental rights or the rights protected by constitution.
3. It is upto you to do that, there is no compulsion on you for this act.
4. In DV case she has to plead through a private lawyer alone and not through public prosecutor, it is not a state case.
5. At interim maintenance stage there is no necessity to exhaust all the evidences in your possession.
6. No, there is no provision in law for that because they are different cases to this.
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