Legal Question in Civil Rights Law in India

My husband had filed a case in 2001 which got dismissed due to his ( My Husband) non appearance but i was continously attending that case of 2001 also in this civil case he had asked for the following reliefs: Here My husband is the plaintiff:

a) by a decree of permanent prohibitary injunction defendante be restrained from interfering in the salary/properity of plaintiff.

b)Cost of Suit be awarded infavour of plaintiff against defendante.

c) any other or further relief to which ,plaintiff is found entitled may also be granted in favour of plaintiff against defendants.

In the Final order of this case which was passed in 2008 it has been writteen that I am present through my lawyer and my husband is not present and this suit is dismissed.

It is not my fault i was contiously attending this case through my lawyer till 2008 till the final dismissal order is granted. Can i claim the benefit of the above reliefs from the above mentioned case now in 2012.(above a),b),c) which my husband wanted as relief in this case which was filed in 2001

I have all the evidences in my favour but he is just denying haveing any relationship with me. I have got R.O.under DV ACT,125 CRPC Order,and maintenace on charge on a plot (All Exparty orders), My husband has argued that i dont have the legally married wife declaration and on the basis of this he is just trying to make it longer. I am 56 and he is 62 he is totally in control of his mistress. If I am going to file this suit for legally married wife it might take 2-3 years and my health is poor and my husband is also heart patient. So i wanted to just consult you as he has given the name of his mistress in his service record as wife and i wanted to alter it on the above grounds (a) if possible.

It is not my fault i was contiously attending this case through my lawyer till 2008 till the final dismissal order is granted. Can i claim the benefit of the above reliefs from the above mentioned case now in 2012.

Please Suggest Can i claim the benefits now in 2012 in the case of 2008 in which my husband has claimed as relief in the above mentioned case.i.e.interfering in the salary/properity of my husband.

It is not my fault i was contiously attending this case through my lawyer till 2008 till the final dismissal order is granted. Can i claim the benefit of the above reliefs from the above mentioned case now in 2012.(above a),b),c) which my husband wanted as relief in this case which was filed in 2001


Asked on 7/13/12, 1:49 am

1 Answer from Attorneys

u have to file civil suit otherwise any person can mention or give benefit to any one by giving t name on service record

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Answered on 7/15/12, 9:22 am


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