Legal Question in Family Law in India

Stay clarification in DVC

Hi All,

My wife filed a DVC case against to all my family members including my brother family and also my sister family.Now my lawyer applied a stay in highcourt, in this stay he mentioned removing to all my family members from the dvc case expect me(only husband) becasue there is no part all the family members in this case.

My Clarification:

1.whether my lawyer followed correct way or not just i need it's good way or not because as a normal man I couldn't find whether it's good option or not please let me know.

2. my wife left from my house almost 10 months back.now dvc case running in the familycourt during this period is their any chance again she filed 498a case against to all my family members? Please let me know.


Asked on 12/16/08, 8:31 pm

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Stay clarification in DVC

Hello.

(1) The procedure followed by your lawyer is absolutely right.

(2) Still she can file a case u/s. 498-A.

In my view I would suggest you to settle the matter with a compromise.

Prefer a out of court settlement rather than making a tonful of litigations.

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Answered on 12/17/08, 4:28 am
Nasir Butt Nasir Law Associates

Re: Stay clarification in DVC

Apart from the procedure excercised by yourlawyer, threat of 498a still there.

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Answered on 12/17/08, 6:27 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Stay clarification in DVC

1. The course chosen by your lawyer is right; though the relief sought may not be available;

2. She may still file a case u/s 498-A.

You may consider making efforts for a compromise to settle all the issues. I would advise avoiding litigation at any cost and making serious efforts for out of court settlement.

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Answered on 12/16/08, 10:45 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Stay clarification in DVC

In my opinion your lawyer is right. your wife can file 498A case.

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Answered on 12/20/08, 10:41 am
Rohan Nahar Nahar and associates

Re: Stay clarification in DVC

Sir,

Whether or not your lawyers action was correct is not a question that I or any professional will answer.

So far as 498A is concerned, you and your family members are open to this threat always. You wife can file a 498A case against you and your family members at any time.

Hope this answers your question, if not feel free to revert.

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Answered on 12/17/08, 12:25 am


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