Advice wrt to notice received under Sec 23 of PWDV act.
On 7th Dec 2015, I have received a notice from LD court, Alipore Kolkata that under case no 5*** of 2015, filed under section 23 of PWDV Act for interim maintenance, I was required to appear on 2nd Dec 2015 and the next date is 6th Jan 2016 for a hearing. The date of 6Dec2015 is handwritten on top of the page and the enclosed petition has a page missing.
Q1. What happens if I am unable to appear in the court on the date mentioned. I am unable to make reservations at such short notice and also unable to obtain leaves from office at the start of the year.
Q2. Am I allowed to put an application online or by a family member for a date in future. Or will the court issue a warrant against me or pass an ex-parte judgement in my absence.
Q3. Can we obtain the original copy or full copy of the allegations online by any means. Without having to appear in court on hearing date.
In the prayer/notice, the petitioner (my wife) has levelled multiple fabricated and baseless allegations. Do they come up for discussion during the said hearing? Or only during divorce proceedings?
In one of the allegations my wife had accused me of manhandling and verbal abuse when she came back to my home after a gap of about 4 months. Whatever shouting and disturbance of peace she caused was witnessed by my neighbors.
Q4. Can I take a sworn affidavit from them to produce in the court during hearing of my divorce or interim maintenance hearings? And if yes in what format such an affidavit may be prepared. And can I make the accompanying cousin a respondent or party to the hearing, and how?
Q5. If I wish to include the testimony of my neighbors or those who have assisted in the marriage solemnization, but they are based out of Delhi, how do I go about it? Can written statements like affidavits be made admissible as evidence in court?
Q6. We are under constant advice from family & friends to give her a second chance and bring her home for the second time. Do it think it is advisable and if we have to do it, then what precautions to take prior to bringing her home or starting a dialogue.
Q7. Can we charge them with a divorce of other case with the grounds that the marriage was done with malafide intention of making money by means of alimony.
Q8. Can she now, after having lived separately for 10 months accuse me of dowry harassment or domestic violence and will court believe that?
Q9. In the court of Kolkata/WB is there any fixed amount to be paid to the wife as interim maintenance under this section? I have heard that in UP, the amount is Rs2000/- pm.