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False 498A complaints in Women Cell

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    • #481

      My wife along with my 1 yr baby ran away from the matrimonial home on 7th Mar 2011 at 10:30 am without any serious reason. We immediately filed the missing complaint on the same day. On 9th May we filed the same in Akola police station where she was with her parents. Then on same day she tried to file 498 A against my parents and myself. The same is register with Women Protection Cell Akola. we got the summons of appearing in same office on 28th Mar, which i was not able to attain. We also filed the Restitution of Conjugal Rights on 2nd April 2011. The hearing of the same was on 2nd May. She didn’t attained the same the next hearing is on 19th May.

      Meanwhile I visited the Women Protection Cell Akola on 11th April 2011. There we found that the complaint file was false. It was mentioned that she was beaten by 7:30 pm. My Mom DAD and Sister who is married force me to beat her.

      During the course of interrogation/ discussion/ The Women Cell ladies found the entire case filed was not correct….and asked her to stay by with me in my matrimonial house. She also didnt brought our baby gave reasons that the temperature was heating up so she didnt brought the baby. Again the Women Cell gave me another summons of 9th may.

      I want to know that what are the consequences of not appearing the Women Cell? Cant they stop the case in Akola as the case is filed with Court?

      Also what are the consequences of my wife not appearing in the court for Trail..?

    • #2878

      You say Meanwhile I visited the Women Protection Cell Akola on 11th April 2011. so where is question not appearing in women cell ? based on Women cell report case will go on or dismissed.

      if she do not come for RCR, it will be ex parte and you can proceed with Divorce petition.

    • #2879

      I mean on first date of Women Cell i didnt attain so on next date i.e. on 11th April I attained.

      I want to know that what are the consequences of not appearing the Women Cell? Cant they stop the case in Akola as the case is filed with Court?

    • #2880

      You should have explained them why you did not attend 1st date; or they did not asked why you did`t came ? when you went next time ?

    • #2881

      Yes Mr. Dsouza, i had sent one of my relative to attain the first meeting and also i had sent Doctors Certificate as Im heart patient. So they gave us next date i.e 11th April which i along with with my family attended.

    • #2882

      On 19th May 2011, there was first hearing of my petition in Family court. both of us we counselled by the counsellor sperately and individually. Wht will be the next course of proceedings. Our next hearing is on 12th July.

      Also, i want to know that whether she can file petition of transferring the case to Akola instead of Pune?

    • #2883

      No one can predict who women do next.

      if counselling is over then they will report back their finding back to court, as per the outcome case will continue.

    • #2884

      on 30th May we had date with WPC in akola. But due to some official reason i didnt attended the same. The Police is now threatening me with 498A. Though i told them that the case of RCR has been started in Court. But still they are threatening me with 498A.

      Pls help with further course of action.

    • #2885

      What age you are living in.?

      Record their threats and report it to SP.

      dont act like dumb, whatever official reasons, attend 498a related things 1st.

    • #2886

      Mr. Dsouza,

      will it be possible for them to launch the 498A now at this stage……? Even when i have filled RCR in Pune Court?

    • #2887

      on 7th Mar 2011, i filled Missing against mywife in Pune. On 9th Mar 2011 i filled it the same in Akola. On same day my wife filed the complaint with Women Protection Cell.

      On 2nd April 2011, i filled petition for RCR in Pune Family Court.

      On all this grounds will it t=be possible for Police to file 498A against me and my family? If yes then wht should be the appropriate steps to counter the same?

    • #2888

      She can file 498A even you are divorced. Police has to take her FIR, only after investigation they will decide take it or not.

      What you filed that dosnt matter they will go ahead with as per their knowledge. they can keep FIR for years,they can charge sheet without investigation also. Even there are direction from Police HQ.

      If you believe you are innocent and flasely victimised, let them know with whatever proofs you have, if police threaten you, you can write to higher Authority of Police and followup with RTI.

      ask police to do proper investigation. file RTI with Police and get FIR copy and Police dairy of their records. your RTI will make Police awake if they are half sleep to do proper investigation.

      and Dont forget to find a good Criminal lawyer and ready for anticipatory bail, if required.

    • #2889

      I have already submitted the proofs like mobile bills against the allegation that i dint allow her to make calls to her parents, also the proof when she ran away from my house along with my baby……and so on,

      but the women in WPC didnt accept the proofs but are still giving dates on dates.

      and threatening me for 498A. Now to whom I should report this i.e. in Pune Police or Akola Poilce. Threatening is done by Akola’s Women Protection Cell.

      Also how can I screw them, as she has taken all the gold which was bought by us to her and my daughter. Also to get out ASAP.

    • #2890

      so you done your part.

      they take it or not. let them do whatever they wanted to do, coz you cannt STOP them from doing for you or against you.

      As i told you, record their threat. and speak clearly with them, if they do not accept proofs you submitted send them in SPEED post, write clearly its your case(case number) zerox copies attached and keep reciept of speed post.

      Also write what she took with her all details. so these prrofs will come in handy in future. and never think about get out of it ASAP. be ready for LONG battle.

    • #2891

      on 13th June i had counseling in Women Protection Cell. The counselor tried his/her best to get compromise between me and my wife…but my wife didn’t agreed on the same and told them that she will be filing 498A on me and my family…….so i submitted the case paper filed in Family court Pune.

      I want to know that what will be the procedure for Police to file the cases?

      Will Women cell file the case? or Local police will do so?

      What should be our steps?

    • #2892

      She can file FIR with Police which later after investigation(as per procedures) they will file charge sheet which turn into court case. In this case you will arrested.


      she can file a Petition in court too(if she knows police will not take her FIR) and Court will direct police to do investigation and submit report. In this case you will be summoned to police station

    • #2893

      Can we go for Quashing the FIR????

      What should be the procedure? and what are the other ways to fight?

    • #2894

      yes you can go for FIR quash;

      if you have investigation report or any proof of her false claim you can go for quash

    • #2895

      check here

      there are many judgements on quashing FIR in 498A. so you will get the idea

    • #2896


      I have the missing complaint copy which states that she ran away from her matrimonial house between 10.30 to 11 am on 7th March 2011.

      Whereas, the complaint which she gave in Women Cell, Akola stated that she was beaten by me at 7pm on 7th March2011, and then she left my house.

      Will this two copies are sufficient for proving her false claims?

      What should be the other proofs like?

      Will you please brief. Also under which section should i apply for Quashing the FIR?

    • #2897

      Sir (DR. DSOUZA)

      1as far as my legal understanding goes a divorces wife has no right to file 498A on ex husband/ family

      2 duration( 6 month- limitation before fir) when the wife is tortured by relatives/ husband.

      3 if husband rcr / divorce petition first field in family court then then the498a in any form will be counterblast husband has good reason for quashing of fir

      5 this person case is running at different platform of courts.

      6 quashing matter under inherent power of court may give good relief especially in matter to criminal case 498A

      7 But what is important here is the timing of gestation of quashing matter admission to hearing–in that duration he has to evade himself or try for anticipatory bail .

    • #2898

      Thanks AdvoSanjay,

      Can you brief the procedure for Quashing the FIR.

      In this case do require the FIR copy or FIR number. Also, can we file petition for quashing the FIR, before the launch of the same i.e. IPC 498A?

      Will you please help me knowing the procedure for Quashing the FIR.

      If you have any format for Quashing the FIR, request you to kindly forward the same on the mail id-

      Will be very much thankful to you.

      Also, I appreciate Mr. Dsouza’s help and suggestions. Expecting for more in future.

    • #2899
    • #2900

      dea mr. kurheamol

      u have to obtain certified copy of fir( NO.) and u or a advocate can file a Quashing petition on ur behalf at HC. i think it is better if u contact a professional HUMBLE advocate of HC jurisdiction.he will prepare all under a synopsis. There is bail/ quashing bench in daily cause list of each HC. if FIR has been registered and police is investigating the matter U/s 498A then case is already under non bailable offense. For sec of ur knowledge here i make it clear to u that usually HC in 99% case would not allow the potion by saying – it is against natural justice and material allegation only be examined in trail. But ur case seems to be more genuine and rarest in respect to legal terrorism, so best go ahead, u may try at SC under writ which is most suitable platform for the quashing FIR. if u are by the way able in ur mission the whole episode will be ended at once

    • #2901

      Mr. Sanjay,

      im not sure about the FIR. i.e. has Police registered it or not?

      My wife ran from my house on 7th Mar 2011. I registered the missing complaint on same day and on 9th i went to Akola to register the same complaint. After i register the complaint they sent 2 constables at her residence and after which she reported her statement that she was beaten and other bla bla bla……then those police took her statement and sent the same to Women Protection Cell, Akola where I had been counselled. meanwhile i had filed the RCR in pune family court.

      On 13th June the Women Cell tried to compromise but it failed has she wanted to register the 498a against me and my family. During Counselling those womens cell officers thrashed her and her father for the allegations she made after finding the truth. I also informed the cell that it wont be possible for me to attain the further dates as nothing fruit full was happening. Also, inform them about the RCR, got the acknowledgement of them on the copies, submitted them the same.

      Since 13th June, i neither got call from her nor the Police nor the womens cell.

      What should be our step? I can file petition for quashing the FIR on the complaint no which was register with women Cell???/

      Pls help….

    • #2902

      Any complain lodged with police/ women cell must be registered in CJM court of that jurisdiction. visit cjm court crosscheck with daily cause list of 3/5 days of probable date under complain. I think there is no FIR- it was jut information to police where your previous defense acts had worked i.e. missing complain;RCR .ur further presence at cell for concealing is also shows ur defense prudence. cell requirement is statutory so u can not/ should not avoid. My advice- if u think u can not reconcile with ur ragged wife than file AN INFORMATORY PETITION IN CJM COURT along with all documents.NO FIR NO QUASING.THX

    • #2903

      Can i have the format for An Informatory Petition in CJM Court.

      How should it help us….i.e. in case in future if my wife tries to file 498A through Court as explained by Mr. Dsouza?

    • #2904

      If you ar enot sure about FIR; why dont you file a RTI with Police to check the satus.even ist filled you can get more information for just 10/20 Rupees

      here is sample RTI

    • #2905

      Can i send this RTI though registered Post.

      Also the sample RTI has the FIR no mentioned in the Subject Line. What we should mention in subjectline?

    • #2906
    • #2907

      On 30th Jun I got call from Women Cell, Akola for next date which is on 14th, 2 days later than the date in Pune Family Court (i.e on 12th July). Again this time they threaten me for 498A. Last time when we visited Women Cell they informed us that this matter will be solved in Court. Becoz my wife stated that she will file case against me in Akola.

      When i called back to seek the details the lady first avoided disclosing her name stating weather I would like to complaint against her…..later stating the wheather I dont have faith in her and so on….

      two days later I called the Counselor o konw the details that why I have been called as it was clear that the matter would be solved in court.. but even she was shock as their were no details mentioned in the case paper regarding the date. She further asked me to called the Police Constable who had called me giving me her Cell no.

      Now, as suggested I wrote the letters to SP, Women Cell and Home Minister (RR Patil) regardng the threatening calls from Police.

      Further what should be our steps.

      Looking forward for your continuous support.

    • #2908

      You should know how to write very effective letters.

      here is the tip.

      THINK “Your concern is Women cell, and they threaten you. and you have to deal with that, so you will write a letter to higher authority.”

      but what actually you are doing is.

      You dont write to higher authority at all, nor you are complaining against women cell, you write only one letter, addressing to higher Authority but posting it to Women cell. putting 3rd CC to women cell, 2nd CC to Women cell higher Authority 1st CC to Home minister

      Hope you got it what i said.

      if not i can explain in Hindi/Marathi/kannada/konkani/Tulu/Portugese

    • #2909

      Well said…….Sir, I got it.

      I’m been threaten by the lady constables but the Counselor and the PI had every time exended their courtesy. So I wanted to report the same to their Director of the Women Cell along with the SP.

      What should have been the step….I mean to home I should have reported?

    • #2910

      If You want to write then you can write, other wise just send same complaint letter as CC to Women Cell, so they will think you reported to higher authority about your mistreatment and you can also pretend you wrote to all by just adding CC to human rights/local MP/minister/president of india and all useless government of india authorities but no need to send to all

      so next time that Women constable will get constipation when you go there.

    • #2911

      Today I received Notice from Family Court Akola through Police u/s 125 of CPRC, where my wife had claim the maintenance of 10,000/-.

      What should be our next steps?

      Can we go on quashing the 125 CPRC?

      the date to appear in Family Court, Akola is 13th June 2011. and whereas the date of Family COurt, Pune is 12th June.

      Looking forward for support.

    • #2912

      quash 125 crPc……hummmm


      but you can counter her maintenance demand with various other sources

      if she left her own

      if she is working or previously worked

      if she well educated

      find all judgements on

    • #2913

      If your wife has prosecuted you u/s 498 (a) of IPC it will better to u to approach bfr court for ant. bail appln. Prepare for divorce petition also. 9821387099, 9224799546.

    • #2914

      I got call from Women Cell yesterday for the complaint which i had send through letter. Also the lady stated that my wife is wrong and willfully doing the same. Every time she i with new stand on course of action. The lady constable apologized for her act.

      Also they inform me that my wife and her parents are ready to compromise and wife is ready to stay with me in matrimonial house along with my parents. (where she was demanding for separate accommodation).

      But again she visits the Family COurt Akola, where is maintainace petition is filed by her for the first date.

      Also, I informed them that the Family Court’s Counselor has asked my wife to come and stay with me for which is agreed.

      I also inform them regarding the CPRC 125 she filed in Akola Family Court.

      In Akola Family Court my next date is on 27th July.

      Also, I wish to inform you Mr. Kachave that no 498a or other cases are been prosecuted on me or against my parents.

      What should be my further steps?

    • #2915

      On 12th July I had date in Family Court, Pune. We both attended the court. Our Counselor has asked my wife to come and stay with me. Next date is on 18th August 2011.

      Also, Akola Family court gave me next date of 27th July 2011 for CRPC.

      Request you to guide me for the further process has she will be coming back. Its sure that I dont want to take back in my home. But still what should be the terms to be discuss in front of Counselor on which I must be taking home (IF).

      Also, I want to know that what will be the next procedure from court i.e. incase of RCR and CRPC 125?

      Looking forward for your support.

    • #2916

      Your Answer always should be in front of counsellor is

      “im dying to take her back”

      and im sure she will say she will not go back.

      Even consellor say OK take her back.

      your answer should be

      When cases are pending how can i take her back ?

    • #2917

      Thanks Mr. D’souza,

      Same I did. But my wife said she is ready to stay with me. Here’s the problem. Also, I discussed about the CRPC 125 which my wife has filed in Akola Family Court. Then counselor explained my wife not to go for legal as this will waste our time, money and age. Counselor explained her that to make my wife case strong the Advocate implicates false allegation which will again be a cause of dissatifaction in entire family becoz now u r ready to go back.

      Also, the counselor said that they will give the certificate type paper to present the same in Akola Family Court.

      I’m firm on my stand that she should withdraw the crpc 125 case which she has filed in Akola.

      I require suggestion on-

      1. Next date in Family court is 18th August. Counselor advised my wife to come for the date with readiness to stay with me. Where my wife agreed.

      2. Also, she gave option for divorce, where my wife convinced her that how much she loves me.

      3. On 27th July I have a date in Akola Family Court- 125 CRPC- How to tackle this.

      4. Again I have date in Women Cell Akola on 11th August.

      How to cater this?

    • #2918

      Now you have to show counsellor that you have doubt in your wife.

      Put a doubt in Counsellor mind and ask

      “i know my wife nature, this time she failed to trap me, next time after coming back if she stab herself and blame me what to do, can you give written guaratee for that….?” let me know what she answers.

    • #2919


      Thts what I already said/pleded/ asked the counselor both in Court as well as Women Cell, Akola. Both had no answer to the same. The PI of Women Cell Akola said that I Cant guaratee but we will sign a bond and we will not remove/dismiss the case for next one year, but at that moment my wife was not ready to sign the bond whereas I showed the willingness to do so.

      Also, the Counselor in Family Court said that they will continue the case for next three months where we will be called every month for counseling.

      My wife was crying in front of counselor that I was only showing willingness to take her back in court and his not interested in me…………will spent lot of time with his family rather than her…………………bla bla……also will let our duaghter to be with my family for most of the time…………

      The Counselor tried to convince her saying that nobody could restrict anybody for spending time with anyone..its individual choice…if you think that he doesnt love you or not have any affection for you than better you go for Divorce but in peaceful manner instead of putting allegations.

      Even the baby will require her grandparents………its her right to get love from all. Even you (Wife) should try to give love and affection from (Bahu)Duaghter in Laws prospective. Its the requirement of Baby to have Grant Parents……and all that gyan to my wife……but I doutb that my wife hardly had understood.

    • #2920


      im sure that consellor may be learn a lesson in his life otherwise they will not utter such a single word.

      you should have secretly recorded all this words, so you can use it later if…. required.

    • #2921

      Even the Counselor of Women Cell, Akola scolded her dad for not holding his daughter properly.

      She asked her dad that ” Weather he has his parents or not?”

      FIL- ” No! They have expired.”

      Counselor-” do ur wife (my MIL) have her parents then ask her to stop visiting there place, the next moment she will give badword (Bhosadicya) i.e. bhosadike who are u to stop me visiting my parents place.”

      FIL- ” They visit every day.”

      Counselor- (Got angry) Bhaddve one side ur wife visits her parents every day and other side ur daughter is asking his husband to live his parents???????????”

      “If my son does this I’ll not tolerate this.”

      Now this was the language used by Counselor in Women Cell, Akola. Refusing them to log the 498a. My father in law has some contacts in SP Office Akola. He tried his level best to register 498a against us. And landed in filling CRPC 125 in Akola Family Court.

      I have date in Family Court Akola on 27th July. What should be my approach. My advocate says that he will try to dismiss the case as we are trying to take her back through RCR. And still if she wants maintainace then she should file divorce.

      IS THIS RIGHT APPROACH?? Can the same be dismissed as they had aaproached Women Cell for compromise.

    • #2922

      Dismiss CrPc in what ground.

      let her answer to your RCR, lets see what she is saying in court.

    • #2923

      In RCR we are at counseling stage….where the Counselor has asked her to join my house. And asked her to come to Court for next date i.e on 18th Aug with respect of joining me in my house.

      How to proceed further with CRPC 125 which i have to attain on 27th July??????

      Also after our counselling session her parents where discussing with an advocate. Prior to this date they didnt appointed any lawyer…………what should be on there mind???

    • #2924

      for Aug 18 th still time is there. and in 125 just let judge know, you are compromising as per Consellor and take next date after Aug 18th; let see what she says to jusge,

      She may agree or disagree, whatever may be her say will be noted by judge. if she says she dont want to go back then she is at fault and you can always contest with that word.

      and if she still says she want to go back, wai till 18th, and when consellor says take her back,

      drop a bombshell, i will take her back after she withdraw her cases.

    • #2925

      On 27th July I had appeared the Court for 125 CrPC, we were sent for counseling by the Judge. I informed her about the RCR, then she asked the status of the same. I responded her that we are at Counseling stage and the counselor has asked her to joint my house. After this my wife argued that she has some conditions on joining back. Immediately, Judge told her to inform your conditions to the counselor.

      She is demanding that she will join me only when I get separate from my parents. Which I clearly rejected. Then the counselor asked her for another option- she didn’t had. Also she stated that she wants to work and also wants to complete her education. I accepted this demand.

      Now the Akola Court has given the next date i.e. 11th Aug 2011. I requested them to kindly grant the date after my RCR date but the counselor denied.

      Now, the query-

      1. Can I trap my wife on her demand of working as she is qualified- (BSc) and perusing her MCA. and escape the Maintainace u/s 125 CrPC?

    • #2926

      You can ask to dismiss the 125 as you are taking her back. and also she want to work and qualified.

    • #2927


      May I know the procedure for dismissing the 125????

      How should I proceed???

    • #2928

      You can file appeal with same judge, based on her condition to return [yes or not] if she deny you can use that as counter to her 125, as there are judgments women who desert husband is not elligible for maintenance.

    • #2929


      is there any format of the Appeal which i need to file?

      As I mentioned she is denying to get back in my house. She don’t want to stay along with my parents. She had told the counselor that she wont returned by to the matrimonial house. She wants separate accommodation.

    • #2930

      No special format;

      its just like any other appeal.

    • #2931

      on 18th I had the date in FC, Pune for my RCR. My wife didnt attended the date. On Last date she was asked by counselor to join the matrimonial home and she had agreed the same infront of the Counselor. But yesterday she gave the lawyer who had filled their say on last date. I have been asked to file my say on next date. She has denied all the charges/allegations mentioned in RCR and alleged that I m alcoholic, loose character, having many illicit relationships/affairs, demanded money harassed her, also beaten her under the influence of Alcohol, thrown her articles out of home and finally i kicked her out of my home.

      Now, in her Poilce Complaint she has mentioned that She herself left the home, also in CrPC 125 she has mentioned that she herself left my home. Demands 10K as maintenance apart from 10K under CrPC 125 filled in Akola Family Court. Also demands TA/DA of Rs. 2000/-.

      Is this say is to be termed as Affidavit???

      Becoz, her lawyer has submitted the same which is handwritten on a plain paper mentioning as Pratidnya Patra.

      I’ll be filing my say on next date.

      About her Lawyer:- He is a criminal. Has been charged under the Murder. Had imprisonment of 14yrs.


      1. Can I file Defamation Suit now or will have to wait?

      2. What should be the further steps?

      3. Want to File Child Custody? Help on that?

      4. Can I raise objection on Lawyer? as he is Criminal?

      5. Can I raise objection on the say filed by them…..?

      Looking forward for your valuable inputs.

    • #2932

      its easy to file defamation after case get over, nothing much to prove, but file along with other criminal charges which make your case stronger and easier.

      its difficult to get custody, so file visitation, once child is OK with you, you can go ahead as per situation. but dont forget to file visitation immedietly.

      Lawyer personal matter has nothing to do with your case, dont link both, you have any other differences then you can notify BAR council.

      You can riase objection anytime, if you have valid points to counter.

    • #2933

      What should/would be the other Criminal Charges???

    • #2934



      Only You know which IPC suits better for your situation.

    • #2935

      Hi, Im getting calls from Women Cell Akola, for attending yet another for last time. Im confused as I have given all the details, RCR copy, Missing complaint copy etc……and after that my wife stated that she want to file 498a. But at that time the counselor at Women Cell rejected her statement. Then she went and inform that she is willing to come to my house…….so they are calling me.

      Its on record that she is willing to come. But after that she filed CrPC 125 and also filed her say against my RCR.

      I’m totally confused that why Women Cell is calling me after so much of counselling, even the lady officers at Women Cell are saying that its my wifes who is wrong?

      Help intervened!!!!!!!!!!!!!!!!Can you help me in dealing further with POLICE?

    • #2936

      If she wanted to file 498A, no matter what you do, she will file and police will take her FIR,

      go there for the last time, give them in writting whatever you have done and copies certified, take a acknowledge from them and tell them proceed with whatever they wanted.

      appoint a lawyer and get a anticipatory bail.

      be ready to fight.

      lets see what they are doing.

    • #2937


      My lawyer gives guarantee that the police could not file 498A against me and my family.

      Also, all the exercise (i.e. got the copies of RCR, missing complaints certified from the Police)had been done on 13th June 2011. Also, I asked them to do whatever she wants to do………

      But the PI told me that he guarantees me that they wont take complaint against me…..

      Also, she & her father are continuously following up with them. The lady PI inform me that she is ready to compromise, we will ask her to withdraw the CrPC 125. And we know that you are not at fault. So please come we will resolve the issue as its on record that she wants to compromise.we want to resolve the case ASAP. We extend support in your favour. We know that you have suffered a lot……we will try our best u just come once. and so on………………..

      Now with this should i go for AB??????

    • #2938

      if she still threatens you, write a detailed complaint and send it to SP. Ask your lawyer to be ready with AB application. No need to get AB now as police and your lawyer has also given assurance of no 498A.

    • #2939


      I had already filed the complaint against LPC (Lady Police Constable) regarding the threats.

    • #2940

      I said superintendent of police (sp) as nothing happend after complaining tp lpc

      let order comes from top, that works better than local complaint.

    • #2941

      Dear Mr. D’souza,

      this is to inform you that my wife agreed to live with me in the same residence during the counselling in Akola Family Court. She will be joining on 5th October. Judge asked her that why she want to join on 5th, she can go today also as I showed that I was desperate to take her today itself.But she stated that she is engage in carrying out some Tutions. She will shift the same during this period. (Also, the counsellor suggested me to reffer my wife to a psychiatrist, but my wife rejected the same) W.R.T. the court had signed compromise papers from both of us. But after the court we went to Women Cell, Akola, where my FIL and wife were asking me to sign bond, which i rejected. Now my in-laws stated that its Police Procedure.


      1. Can I use bond issue to withdraw the compromise deed, as they are forcing me to sign the bond.

      2. I’m really not interested in taking her back.

      3. What should be the next step to avoid her getting back in my house.

    • #2942

      tell them, if any bond to be signed it should be in front of judge; or notify judge about this;

      do not take her back till all cases are withdrawn and ask her to sign appology letter and also to write she filled false case on you.

      even if you are forced to take her back rent small one room house out of city and tell thats your capacity to rent, never take her to your parents or your own place.

    • #2943

      Right Sir

    • #2944

      Good News…………..

      The complaint against Lady Constable in Women Cell, Akola has been acknowledged by Home Ministry (RR Patil)

      and accordingly the inquiry of the same has been initiated.

      There was a call from Women Cell Akola, confirming the Home Ministry’s notice regarding the Inquiry.

      Thanks Mr. D’uoza for ur continuous extended support.

    • #2945

      If there is apprehension that your wife will prosecute you for criminal offences like 498(a) or 406 etc. it will be better to you to approach Sessions Court for anticipatory bail. 9821387099, 9224799546.

    • #2946

      On 5th I had visited FC, Akola. I inform the Counselor regarding the unnecessary demands of my Ex. Also inform that the FIL & Ex want me to sign bond and have raised more demands which I cant fulfill. The counselor told me to forgive all and take her, which i clearly rejected. Then she asked me to inform the Judge that I’m not taking her along with me.

      Same I did, but the judge fired on me stating that your wife does not have demands in front of Court, so let us know your decision about taking her back. I tried to convince them regarding the order demands as well but Judge didn’t listen me at all. And asked me to give in writing that I’m not will to take her back in-spite her willingness to join me. Then I asked her for the date so as to file the same. Judge immediately gave the date after 4 days.

      I requested them to extend the same but didnt listen.

      Also in RCR my ex has failed to attain 2 dates. And has filed the Affidavit.

      Today I had send my SAY via my Friend which was not accepted by Court and again gave the date after 5 days i.e. 15th Oct.

      Now as I’m Heart Patient and I have to travel apprx 500-550 Kms from Pune to Akola its not feasible to attain the dates which are so closed. also the Lawyer I gave is from Pune.

      How to deal with these situation???

    • #2947

      As long as case is pending, tell them you will not take her back.

      and you want in writting thats she filled false case just to harass you and she will not file case again after coming back.

      // this is your say, im not telling you take her back.

    • #2948

      I had mentioned following things in my SAY-

      25. The Respondent says that when the Respondent realized that the Petitioner is intending to break the marital tie the Respondent therefore in Order to preserve the marriage and also considering the future Life of the Daughter filed petition for Restitution of Conjugal Rights in the Family Court Pune. The Petitioner appeared in the said matter and has filed application for maintenance In pune Court also. This goes to show that the petitioner instead of cohabiting with respondent is approaching the court and Police Station with Malafied intentions.

      26. The Respondent says that because of the acts of the Petitioner the respondent was mentally disturbed. The Respondent was unable to perform to on his job, the company of the respondent therefore terminated the respondent form the services. The Respondent thereafter started a small business in partnership recently however instead of getting profits from the same suffered great loss in business. The Respondent therefore decided to quit the Partnership. The respondent has informed the partners accordingly by way of legal notice. The Respondent as on today is JOBLESS and the financial position of the Respondent is very BAD. The respondent himself is totally dependent upon his parents for all purpose. The Respondent himself does not posses sufficient means for maintaining the respondent himself…….At this juncture the financial & mental condition of the Respondent is very week. The Respondent due to the family dispute has suffered great mental stress and has suffered heart disease and at present the Respondent is taking treatment from the heart specialist.

      27.The Respondent says that as on today the Respondent is ready to live together with the Petitioner but the Petitioner No-1 is making exorbitant and illogical demands which the Respondent cannot fullfill at this relevant time. The Respondent never neglected or refused to maintain the Petitioner. Therefore the application of the Petitioner cannot be entertained in the present form.

      28. The Respondent says the Respondent is under great pressure and in distress as the Respondent is genuinely willing to live together with the Petitioners, but the petitioner No.1 is bent upon to spoil the life ofthe Respondent and his Daughter by breaking the marital relationship. In these circumstances the application filed by the Petitioner herself has abandoned the Respondent from her life and has started residing separately

      without any valid reason.

      29. The Respondent therefore prays that

      A) The petition filed by the Petitioner may kindly be dismissed.

      Such other and further Orders be passed by Hon’ble Court as deemed fit and proper.

    • #2949

      judges dont remember all your prayers; when he ask take her back; you have to tell him

      “how can i take her back when cases are pending….?”

      Never say you will not take her back.

    • #2950

      Sir, I said the same things….where Judge replied that this case will not get over for next 3-4 months. We will ask you to attain the dates even after you take her back……….

      also i told about her Illogical demands but Judge didnt listen to me stating that “there are no demands in front of Court” now tell me wheather you will take or not?

      By this time i was frustrated as Judge was not listening to my pleadings……….and I denied taking her back.

      Then Judge asked me to give in writing that you are denying to take her back.

    • #2951

      Judge is giving dates every after 4 days.

      I requested them to extend the same but aren’t listening.

      Also in RCR my ex has failed to attain 2 dates. And has filed the Affidavit.

      Now as I’m Heart Patient and I have to travel apprx 500-550 Kms from Pune to Akola its not feasible to attain the dates which are so closed. also the Lawyer I gave is from Pune.

      What should be the strategy to get long dates???

      Can I go for transfer of Case from Akola to Pune as i’m Heart Patient? Also currently I’m jobless.

      How to deal with these situation???

    • #2952

      its is good you are getting dates every week; so you can finish case fast;

      when we wanted such dates judge was giving dates after 3 months;

      you can appoint lawyer at Akola and ask him to act and plead for you

      see this judgement [ Under Section 313 Cr.P.C, accuser Presence not required ] [ Accuser Presence is not required under 313 CrPC ]

    • #2953

      Today I had date for RCR in Pune FC. Its been 3rd consecutive date my ex being absent. What should we do….

    • #2954

      I m looking forward for a MEMO sample/format/application to seek relief from personal appearance in CrPC 125.

      Judge is continuously giving to close dates. Now to attend the same I need to travel apprx 550 Kms. The dates are very close with 5-8 days difference.

      Also, im heart patient suffered “Vascopatic Angina”, I informed the court of the same but not of use. Moreever I want the long dates in CrPC 125 so tht I can finish RCR before.

      Also I’ll appreciate if you could provide citation citing ” Personnel appearance not required in CrPC 125″

    • #2955

      Can some one on this forum help me with the MEMO sample/format/application to seek relief from personal appearance in CrPC 125.

    • #2956

      Dear All,

      This is to inform you all that the Judge is not co-operating with me. She is continuously giving very close dates which are in weeks time…….i.e 5th, 10th, 15th, 31st Oct 2011 then 8th, 16th and now 21st Nov 2011. I tried sending Telegram applying for exemption from Personal Appearance in CrPC 125. Its not possible to attend each and every date as I m heart Patient and also the distance between Pune Akola is more than 500kms.

      This shows the bias nature of the Family Court Judge.

      I even appointed Lawyer in Akola to attain on my behalf but still Judge is not accepting my Say. its almost 3 dates Judge didnt accepted the SAY which was send through my Lawyer. Now in todays Date she ordered NO SAY. What does that mean.

      Is is that I cant file my say?????

      Will she deliver Ex-Partee now?????

      Pls pls help me.

      I wanna transfer this case.

      or atleast not before the judge.

      What is the procedure.

    • #2957

      This is to inform you all that the opp party has filed for Interim Maintenance in RCR case in Pune FC. Already filed the CRPC 125 in Akola.

      How to deal with it. What are the possibilities to denied the interim maintenance.

    • #2958

      why she is filling in different places, she has to ask interim where she ask maintenance. anyway most of the time judge order interim, only if you win her otherfalse cases then you can counter her interim

    • #2959

      with reference to the case of CrPC 125 in Akola another biasness of Judge was marked.

      Now on this date I informed the Court that my wife didnt came with me to Pune. but the story was well informed to the Court by the opposite site that I didnt took her. The Judge, on their story started scolding me…stating that I have been informed about what you did to not to take her back.

      When I told the truth Judge said that today to again book the tickets I’ll send courts person along with both of you, are you ready to take her back???? My reply was affirmative. Judge asked us to have Lucnh in Court permises and will show the bus tickets.

      When we got down stairs of Court permises her Lawyer was poisioning my wife that file the POlice complaints even he say anything to you and all that bla bla bla…

      I went back and informed the Judge about the same, again Judge was of the view that I’m playing all this tricks..then she asked me about the Lunch……and with that starte shouting that I didnt obey the Judge orders of getting Lunch…and the intentions of not taking my wife back.

      Immediately Judge asked the opposite lawyer to file interim maintenance application, to which I was been asked to file reply immediately. Judge was forcing me to give in writing that I dont want to take her back and I’m withdrawing the constrait. I gave in wirting the same thing which took place and also stated that today i’m not in proper mindset to take her back… which Judge wroted her remarks of two pages. I dont know what she wrote.

      I requested for next date which was given as 31st dec 2011. I’m being harrashed by the Judge….by giving close dates, not allowing me to file my say, passed the No Say order, to which i applied for setting aside the no say order, but still the say was accepted.

      What should I do now???? I want to transfer the case from that place to Pune. Ground are Medical has I’m heart patient, Court, inspite of submitting the medical reports is assigning close dates which are 4-8 days close. As the case is more that 500Kms away from my town no relief is given, also Judge is forcing/ compelling me to take her back.

    • #2960

      file transfer petiton with HC based on jurisdiction not on your Health

      if she is harassing it is better to complain against judge to CJM of HC and dont forget to make copy (cc) to same judge.

      anyway you are on the way to loose this case why not report it.

    • #2961

      Only asking Judge to go with Trial that to on Merit basis is the reason to loose the case????

      Will you please elaborate the Transfer on Jurisdiction. As I have heard that Wife can file the maintenance application at her parental Home irrespective of Jurisdiction.

      Also, where exactly I need to File Transfer Petition????? I.e Nagpur Division of HC or directly to Bombay HC?

    • #2962
    • #2963

      Transfer between 2 states then its SC or else HC of state. where it has jurisdiction.

      She can file maintenance from anywhere as temporary basis or start the case, but to fight it out she should be in jurisdiction, as you are in nagpur jurisdiction and now she is nagaland, that not mean that she can file maintenance in nagaland and you have to go there to attend case.

    • #2964


      I had discuss the same with our lawyers but they are opposite of the same as according to them the Transfer will 99.5% will be rejected in-spite your health, in-spite of the behavior of the Judge. I can understand that no lawyer will risk this…..but what is the way out???

      Few of them states that the Judge is female Hatteras but in my case its opposite..

    • #2965

      Men life has no value in India, when there are blind judges.

      as i told you before, no need to be there every time, when your lawyer is representing you.

    • #2966

      Yes, this time i have informed my lawyer to file Pursis requesting for next date. let see if this works…even if she passes the interim Order im ready to go to jail but I will not pay single penny.

    • #2967

      This is to inform you all that another date in CrPC 125 has been granted again with only 4 days gap. The next date is 5th Jan 2011. In spite of giving medical certificate the date was assigned.

    • #2969

      Interim Order of Rs. 5000/- has been passed by the Family Court, Akola.

      What should be the next step??????

    • #2970

      you said you will not pay.

      now its upto you, bring stay/reverse on that giving all possible reasons. from HC

      like her work


      Your RCR status.

      her demand of Divorce

      and judge biased attitude. etc.

    • #2971

      Right Sir,

      I dont want to pay.

      Can u help with the procedure to go for appeal in HC?

      Do I have to go in Nagpur Bench or i can go for Bombay HC???

      Also, do I have to deposit any amount in HC?????

      Some have suggested that as Akola Family Court is in Nagpur Bench juridiction I’ll have to file it in Nagpur only.

      also may i know the time limit for such kind of appeal?

    • #2972

      yes there is time limit; check the order copy fo the next date for payment, it is better if you approch HC before that.

      Appoint good lawyer, better to pay lawyer than her and fight it out.

      Here is list of MAHArashtra Judiciary

      For the present High Court of Judicature at Bombay has its three benches at Nagpur, Aurangabad, and Panji (Goa), exclusive of main bench at Bombay

      The territorial jurisdiction of the various Benches is as follows :


      Bombay , Kolhapur, Nashik, Pune, Raigad, Ratnagiri, Satara, Sangli, Sindhudurg, Solapur, Thane, Dadra & Nagar Haveli at Silvassa, Daman, Diu


      Akola, Amravati, Bhandara, Buldhana, Chandrapur, Nagpur, Wardha, Yavatmal


      Ahmednagar, Aurangabad, Beed, Dhule, Jalna, Jalgaon, Latur, Nanded, Osmanabad, Parbhani


      North Goa(Panaji), South Goa(Margao)

    • #2973

      Thanks Dr. Dsouza.

    • #2974

      Decided to go in High Court. I will be fighting Party In Person to challenge the order.

    • #2975

      Sir, sending Grievance against the Judge. Also, drafting the petition for appeal.

    • #2976

      Dear Sir,

      i have sent the Grievance against the Judge to Registrar of Bombay High Court.

      Will you please guide me under which section should I go in HC for revision of the Interim Order. i have gone through various laws where the Interim Order cannot be challenged i.e we cant appeal against the Interim Order but we can go for revision in HC.

      Pls let me know that under which section of CrPC should I file the revision???????

    • #2977

      Dear SIR,

      Can we use S. 151 CPC R/w S. 10 FCA, 1984, in the CrPC 125 case which is under trail in Family Court????????/

    • #2978

      can you explain what S.10 FCA, 1984, ?

      and what s.151 says

    • #2979

      Dear Dr. dsouza,

      actually I was going through the Lawyers Club Forum where one of the member suggested this remedy to change the Judge…..

      pls find the link-

      thats the reason I wanted your suggestion on the same. But i think that wont be applicable as the Section 10 FCA itself clears the following-

      “10. (1) Subject to the other provisions of this Act and the rules, the

      provisions of the Code of Civil Procedure, 1908 and of any other law for

      the time being n force shall apply to the suits and proceedings (other than the proceedings under Chapter IX of the Code of Criminal Procedure. 1973) before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a civil court and shall have all the powers of such court.

      (2) Subject to the other provisions of this Act and the rules, the

      provisions of the Code of Criminal Procedure, 1973 or the rules made

      thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court.

      (3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one Party and denied by the other.

    • #2980

      Can anyone share the process for filing Revision Petition against the Interim Order Passed in Bombay High Court. also I’ll appreciate if any body could help me with the Fees and process fees which i need to pay for filing the Revision Petitions as well as Transfer Application.

    • #2981

      At last filed a application for transfer in Bombay High Court. Its under pre-admission state. Also I have applied for interim stay till the final decision of HC.

      Now the Akola FC judge has started the dates which are two days difference.

      How to stop her??? Can I send TELEGRAM giving the details of Transfer Application and ask her to adjourn till the first hearing date of HC???????????

    • #2982

      let FC judge know you appealed in HC and give him a copy

    • #2983

      I had presented the MEMO/ Petition stating the same yesterday, but the Hon’ble ***** rejected verbally.

      what can be the other means to show that the Judge is doing it purposefully? Now the case is listed on daily basis.

    • #2984


      There’s CrPC 125 against me filed in June 2011 and the court stage is for my evidence. I have got the PF details of the B***h through RTI which shows that she was working before marriage and also recently I got information that she is working with small organisation since August 2011. Also I got the same information from Online job portal where she mentions her salary 5000 per month. Currently Im jobless since May 2011. Still the Interim Order of 5000 was passed.

      my query–

      How to go ahead with the current status of the B***h as she is working??

      Can this resume be used as evidence against her???

      If not what should the appropriate steps to bring to the notice of Court that the Petitioner has come with malafied intention????

      Looking for your great support.

    • #2985

      Find out where she is working;

      if its government job then with RTI you can get the details.

      you can write to HR of her company if its not govt saying she lied in court that, she is not working, and informthem if she is not correcting her statment you have right sue their employee and compnay or call HR to give witness in court.

      same time you can file petiton to dismiss her 125 saying she lied in court using other judgments citation.

    • #2986

      This is to inform you that in CrPC 125 the Judge got transferred and the new Judge took charge on 10th June 2012. The opposite party filed application for Defense Struck for the arrears of Rs. 23000/-, on last date i.e. 4th July I inform the Judge about my inability to pay the entire amount and I deposited Rs. 3000/- with the Court. later the Judge asked opposite party lawyer to file Affidavit for claims…….and also after filing the same she had arguments done from both lawyers….now she has kept back for Order on 6th June…

      Will be the defense stuck even after depositing Rs. 3000/-???? In court.????

      The Petitioner rejected same infornt of Court to accept the amount.

      Pls do reply as to what could be the order…and how to deal with the same if it is against me…i.e. if my defense is stuck….also this is to inform you that I have filed the Evidence Affidavit on 4th July……

    • #2987

      on what basis she is claiming that much ?

      you can inform new judge that she is working and left you her own.

    • #2988

      The Order of Defense Struck was passed by the FAMILY COURT against me against the outstanding of Rs. 23000/. I was only able to pay 5K in the court against 23000/-. Still the Order was passed and now my defense has been struck.

      This is to inform you all that I have already filed Evidence on Record.

      Request you to kindly suggest the further course of action as i want to contest this CrPC125 case as my evidence has all the necessary proofs to reject the maintenance.

    • #2989

      if court already passed order then, you have approch HC.

      Use citations as per evidence that will give your claim more support.

      as she left you

      she is working / her qualification

      fasle case

      your income etc

      for sure you will get reliefe from HC.

    • #2990

      Now the case u/s 9 which was in Pune FC filed by me has been transferred to the same Judge who was handling CrPC 125 in Akola FC. The Judge in Akola has got demotion from Principal Judge and transferred to Pune FC. Already the Judge had screwed by case in Akola and now my RCR case is be transferred to her.

      Also, I wish to inform you that I had already filed petition seeking transfer of case u/s 407…..which is pending in Bombay High Court.

      My query:-

      – Can I ask the Principal Judge Pune Family court to transfer the case from said Judge as I had grievances against her and also filing the Petition and Interim Order Copy along with the application?

      – Will the above effective???????

      – Does the Principal Judge Family court has powers to make transfer?

    • #2991

      Only HC has power to transfer;

      you can ask to change judge

    • #2992

      This is to inform you all that the Order of Defense Struck has been set aside.

      This time the arguments were carried out by myself without any help from any lawyer.

      First time I m very much satisfied regarding the order.

      The newly appointed Judge asked me to carry out the proceeding In-Person.


    • #2993

      Dear Kurheamol !

      I am extreamly happy reading your decision to take the case yourself !!!

      all the VERY best !!!

      excellent decision

      if you are unable to pay there is EVERY change this wife will get only the rs 5000 you have given so far and NOT 23 000 !!!!

      wow !! you’ve made my day


      general notes :



    • #2994

      Dear Kurheamol !

      since this thread is many months old, it may also be a good idea to post a short synopsis

      1. what cases are being fought …

      Sec 24 ?? sec 25 ? HMA

      Sec 498a ? IPC

      sec 125 Crpc ?

      etc ..etc

      Make a small table like this

      this is just an example

      Section……………….. start date …………………… present status ……………

      498a IPC………….. ____/_____._____…………… FIR Filed ? investigation over ? AB obtained ? …

      ……………………………………………………………….. First hearing over ? ….. reply filed ??

      24 HMA ……………. ____/_____._____…………… OP Filed ? Replied filed ? interim order passed ?

      ……………………………………………………………….. First hearing over ? ….. ????

      125 CrPc……………. ____/_____._____…………… OP Filed ? Replied filed ? interim order passed ?

      …………………………………………………………………. Rs. _______/- p.m. decreed , unable to pay Rs. ____/- p.m.

      …………………………………………………………………. etc etc etc

      this may help others to follow your case

      ………….THIS is just a SUGGESTION !!!……………



    • #2995

      I once again take this opportunity to than Dr. D’Souza for the excellent service he has done to families in India

      Single handedly he has been running this website for a decade + !!!

      Kudos ….. and salute !!!!



    • #2996

      Well, Vinayak pls find below the summary..


      1. Im fighting cases of Sec 9 of HMA which was filed by me first on 2nd April 2011.

      2. to Counter this the opposite party filed case in Police station u/s 498a but it was not converted to FIR, as it was referred to the mediation center………..Women Protection Cell.

      3. On 15th june 2011, the opposite party filed CrPC 125 in Akola FC. Interim Order was passed of Rs. 5000/ on 5th Jan 2012… bias order………….current status is that Im leading my evidence. Next date will be my cross examination.

      Let me tell u that I was harassed by the Police, Judge in FC Akola, but with the help of Mr. D’souza, Mrs. Dhavale, Mr. Rajesh Vakharia, Mr. Atit, Mr. Kailash Khairnar and many other fighters I have been able to fight my cases….

      Also to mention that I have filed the petition u/s 407 against the Principal Judge Family court Akola in Bombay HC which is pending.

      Police were pressuring me to bend down to the foots of the Legal Terrorist, Judge was also doing the same…….

    • #2997

      thanks for the summary kurheamol

      Great to know about your spirits and fight …..



    • #2998


      This is to inform you that I’m planning to withdraw the RCR filed in Family Court Pune……further planning to file Divorce under Cruelty under Mental Harasement and Desertation. Would like to know wheather this is right move at present or not.

      Its been more than 1 and half year after I filed RCR there is no relief from the Court. Also the Opposite Party has filed CrPC 125 after my RCR and the Interim Order of Rs. 5000/- came to be passed.

      Now, that there is no scope from my end to proceed with the RCR so looking forward to file the Divorce.

      Looking forward for your advice.

      Thanks & Regards,

    • #2999

      All of us … you, me, readers here have to be aware of the following sad facts

      – maintenance to the un scrupulous wife IS one of the MOST painful things in Indian matrimonial proceedings !! I would even say this is the worst thing

      – in such cases (as this RCR) an un scrupulous wife will keep on delaying and make money out of the interim maintenance -(

      – the progress of cases in courts is really really slow

      Having said above I am NOT sure why you wish to change your stand now and what is your strategy ??? i.e how / why do u expect speedy justice if u file divorce …?

    • #3000

      Dear ALL,

      Just wanna know that whether arguing the matter comes under Pleading????

      Or Pleading is different than argument?

    • #3001

      A pleasant Evening to all…..

      With all the efforts and support from members across India, I have successfully filed the Perjury case against the Opposite Party for misleading the court.

      It was tough to convince the Court to accept the case, as first the Family Court once again rejected the Perjury Application citing the Jurisdiction issue. But with the guidance and valuable support from Members of MRA & SIF I succeeded in convincing the Judge to accept the same. Now the further course of action is scheduled on this 20th…….

      I take this opportunity to humbly express my vote of THANKS to Mr. Arnab Ganguly,Mr. Rajesh Vakharia from Nagpur, Mr. Umesh Talwar from Lucknow, MRA Kailash Khairnar, MRA Mahesh Shinde, MRA Kedar Ambekar, MRA ATIT from MRA Pune, and there are loads of names who have been helpful, supportive and of-course backing me throughout. Specially they have tolerated me at any time I have called them.

      Further Looking forward for the same support and assistance in nailing down the LAW Misusers…

      Once again THANKS TO ALL THE MEMBERS who have supported me knowingly or un-knowingly.

    • #3002

      Best of Luck.

      We appriciate it for taking time to Thanking those who helped you and listen your story and gave guidence.

      update us the result.

    • #3003

      Today I received the notice u/s 128 from Family Court…Also the Revision Petition in Perjury Case pending before High Court has not come up on board….till date no Coram has be decided…..

      May I know what should be the further steps….

      Family Court has asked me to appeared in FC on 2nd Feb….

      Im fighting Party in Person…

    • #3004

      whats the latest on your case

    • #3005

      Bombay HC Nagpur Bench has issued notices to the Respondents in Perjury Case….not appeared till date..almost 4 months.

      Now the same has been to Orders…..but HC Judges seems not reluctant in passing the orders…as the Judge Ordered “Not Before HIM.”

      Further in FC, 128 CrPC has been withdrawn.

      Also the MCD has been filed. But the OP didnt appeared in FC on 2nd Date.

      Respected members……im confused whether the 1st Motion of my MCD has been done or not???? Pls help me in clearing the confusion. On the date of filing both the parties were present. We were produced before the Judge, Family Court. Judge did asked the correctness of the Petition and then ordered next date but with different Judge.

      Pls let me know whether the motion has been passed or not???

      Is this called as a 1st Motion????

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