Legal Question in Criminal Law in India

Dear Sir

I have filed case under domestic voilance Act against my husband in October�2010( who is totally in control of his mistress. He has sold our house and all his property under his mistress�s guidance).The Court has sent time to time notices to my husband but he did not appeared in this case. On 7th January�2011 he sold our house and all his property . Then on 2nd Feb�2011 when I came to know about this sale I filed an application in the court under domestic voilance act and on my application on 9th February�2011 the court has granted me an RO In this case that I should not be forced to vacate this house till the finalization of this case. On 4th April�2011 my husband has put reply on this order under domestic voilance act denying having any relations with me. But I have all the evidences in my favour like voter id card,ration card,identity card,court order under section 125 crpc for the maintenance charges of Rs.500/p.m. ,but my husband is really denying this fact . We have done social marriage. And the whole village and my family is in my favour but he has sold our house and the purchaser is trying every possible means to occupy our house and take the position as he has the sale deed copy with him and he has also taken a ownership order in a civil case with me after this sale.

We have Also a plot (on which I have got stay on maintance on charge in a civil case with my husband ) on which there is a mobile tower through my husband is getting a huge rent , can I get any part of rent so that I can live my livelihood.

Just wanted to ask you , is there any way that the judgement of this domestic voilance act can be done soon as I have heard that cases under the domestic voilance act has to be resolved within 60days from the filing of this case. Is There any way I can seek direction from the High Court to resolve my case as early as possible as my husband is trying to make it longer so that I cant get justice. My husband is 62 and I am 54 and I am really worried about my house.

Please suggest how to go about it as I cant afford to loose my house at any cost and my husband and the new purchaser is trying every possible means to force us to leave our house. I am confident that I have all the evidences to proof that I am his wife but he is denying this fact in this case.

Is There any way so that the justice under the domestic voilance act can be done as soon as possible. Will Section 482 of CRPC apply to my case so that I can take the help of High Court and get the justice done soon.Please Suggest me the better way as I am really afraid of my house .

We have Also a plot (on which I have got stay on maintance on charge in a civil case with my husband ) on which there is a mobile tower through my husband is getting a huge rent , can I get any part of rent so that I can live my livelihood.


Asked on 12/31/11, 8:24 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may file appropriate petition for seeking maintenance and other orders from the court. you may also seek restraint orders against eviction and for that you may file a civil suit and also seek orders from the magistrate court under DV Act.

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Answered on 1/01/12, 10:48 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 1/02/12, 2:57 am
Shrichand Nahar S.V.Nahar, Advocate

Take advice of your lawyer looking after the case and in know of all the facts, circumstances and evidence in the matter.

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Answered on 5/25/12, 12:18 am


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