Hi All,

My wife has filed 498a/506 on me and on my family in Jul-2011. Parents live in AP and myself, sis, bro are in foreign countries
Before filing 498a, her father, my wife, my MIL, goons came to my house and beat my parents up and grabbed all their gold/articles and left. I went to India, got arrested and got regular bail and traveled outside the country.
Parents got AB in Aug-2011. We haven't applied for any bail for sis/bro.
We also filed a criminal case on them 2 months back as they beat my parents and they got AB.

She has not visited/stayed with me from Jun'2010
Recently, we got a court summon about a PWDV case under sec-18, 19,20, 22. Haven't got a copy yet. She has included all my family in this case also.

Lawyer is saying its normal.

Now what are my options ?
1) Can I file a defamation case on them for creating nuisance in front of my house before filing 498a ?
2) How do I attack the PWDV case ?
3) Anything else ?

First defend yourself, then think of counter-actions.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

1) Can I file a defamation case on them for creating nuisance in front of my house before filing 498a ?
No scope for defamation
2) How do I attack the PWDV case ?
Appear in DV court by POA, try to block her Sec 23 application (for interim) in DV. How to do.............depends upon ur particular case! Meanwhile read all DV related threads here.
3) Anything else?
Try to get the air, what they exactly want??

I didn't see the Sec23 in the court summon. Does it mean, she can still ask for interim ?

Also, how can I postpone this DV case as my FIL is in a hurry ?


TIA

My worst half came up with an interim order-
clauses were
-that we should not cause physical, mental, verbal or sexual harassment.
-residence order- that she should be allowed to stay in the shared household.
-that neither she nor her movable property should be removed from the shared household.
blah..blah...

her lawyer appeared against us when we went to the sessions court for AB and claimed that we have not followed the Interim Order and that we have not let her come inside our house, where as the matter of fact was that we had no clue that she had received such an order.
so AB hearing was postponed for another few days the Judge asking us to follow the Interim order and then come back..........hell!
so be vigilant.... once 498a is filed- its raining shit everywhere... get your umbrella boy n a gud one too! :-)
and panicking has not helped me... wont help u either... God Bless m8.
We are all here in this struggle together...so buckle up....

So, can she get an interim order without our knowledge ?
Also How to delay the DV interim ? Can we apply for stay in higher court ?

dear kumar,
what has she prayed in the dir and the affidavit . in case interim relief is sought see the sections. if interim relief is sought the judge might pass full or partial orders for relief which may be monetary. no order can be passed without your knowledge as one copy of the order will be furnished to you/your lawyer. also you must put in all your objections to allegations in the dv case ( do not furnish proofs at this stage).
you can appeal against the interim order within 30 days of the order in the next higher court.
apply for stay on what grounds?
regards
justcause

She has filed PWDV case in court under sec18, 19, 20, 22 . Does it mean, interim can be granted ?

Also, she has a plot(~30L) in her name and gold worth 10L. Can we say that she is self sufficient and so don't need to give her maintenance and right to residence ?

ofcourse agree to the fact that if she is asked for Interim orders, her prayers will be written along with in the summons you have received. As far as sending you a copy of the IO is concerned, I doubt. I had not engaged any lawyer in the magistrates court for anything when she went on to file DV and I guess that will be the situation with anyone else too. neither was the interim copy sent to me via post/ personnel.
I overtime had to apply for certified copy @ court to get it.





agree with sunil that she has no right over parental property, but if you both have been staying in the parental property/ matrimonial home, since time you both got married, i guess it will be described as 'shared household' and she will get interim residence order to reside in the same as has happened in my case.
And mind you- it is just residence order and not right over the property.

But matter of fact is how many 498a wives would choose to comeback and reside with fury, though mine did :(

But matter of fact is how many 498a wives would choose to comeback and reside with fury, though mine did :(
A majority of them, dear. Its a goldmine for them....................torturing u all while sitting inside ur own bunker
Remember.....most of the times, their next attack is to take restraining orders against all the MALES of ur family.
@ Kumar,
Of course, if u resided in parents self acquired property as a SHARED HOUSEHOLD, court can give residential rights.
Most of DV petitions do not have Sec 23 application n DIR alongwith them. These can be very easily inserted in 2nd or 3rd hearing. My sweetie did attach small Sec 23 application after 1 month. Courts are eager 2 pass interim orders, a lot of discretionary power is with the CJM in DV fo sec 23.

In DV, what I have gained practically:
1. Never postpone APPEARANCE at court, may be by refusing summons, remaining absent or so!
2. Try ur best to slow down the running train. Judge usually asks for MEDIATION b4 proceeding wid anything.........GRAB THIS CHANCE 7 UTILIZE IT 2 MAX BENEFIT.

-I thought in Batra vs Batra judgement, it was clearly mentioned that M-I-L's self acquired property can't be called as shared household.
- I am outside India. So, can I still ask for mediation and not attend them ?

thx

SIR, THERE IS NO HOUSE KNOWN AS SHARED HOUSEHOLD AS MATRIMONIAL OR MATRINONIAL AS SHARE HOUSEHOLDING. SHAREHOLDING, SELF ACQUIRED, MATRIMONIAL HAVE DIFFERENT DEFINITIONS UNDER THE LAW. NO RIGHTS OVER PARENTAL, SISTER/BROTHERS PROPERTY, THATZ IT. IF YOU GOT THE IMPUGNED ORDERS CHALLENGE THEM THORUGH YOUR PARENTS, WHO ACTUALLY HOLD THE PROPERTY. I AGREE TO THAT SHE SOME TIME GETS RELIEF BUT NOT AT THE COST OF DISTURBING AND DESTROYING THE PEACE OF YOUR PARENTS, SISTERS, BROTHERS. CHALLENGE IT AND GET THE SHIT ORDERS ASIDE



The concept of shared household as defined in the Domestic Violence Act may have to be expanded in view of a recent ruling by the Supreme Court, which noted that it has been drafted in a “clumsy” manner.

In a judgment on the recently notified Protection of Women from Domestic Violence Act 2005, a two-member Bench of the apex court expressed that Section 2(s) of the Act, which gives right of residence to a married woman in a shared household, is not “properly worded and appears to be the result of clumsy drafting.” But at the same time, the Judges held, “...we have to give it an interpretation which is sensible and which does not lead to chaos in society.”

Significantly, the Bench of Justices SB Sinha and Markandeya Katju also said, “It is only the legislature which can create a law and not the court. The courts do not legislate and whatever maybe the personal view of a judge, he cannot create or amend any law and he must maintain judicial restraint.”

The court explained, “...as regards Section 17(1) of the Act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a shared household would only mean the house belonging to or taken on rent by the husband, or the house which belongs to the joint family of which the husband is a member.”

Aggrieved by an earlier order of the Delhi High Court on a petition by Taruna Batra, wife of Amit Batra, his parents — SR Batra and his wife — appealed in the Supreme Court.

We got the DV copy and she is requesting RsX/month, Y Lacs of maintenance, residence rights and lists out all the properties that my father&mother own. She listed that she is unemployed.
-DV is similar to FIR but some minor mistakes.
-Don't see an affidavit ? Does she need to file one ?
-Filed under sec18,19,20,22
-Filed an affidavit stating same allegations as in FIR and requesting interim order for Rs X/month, YLacs as compensation for harassment, residence rights, return dowry
We both have not lived together from Jun'2010 but mentioned that she called me in Jul'2011 and I abused her on phone and asked her divorce etc which is false.

Guys help me here with any pointers for
-Quash . Really need a strong quash petition. Plz send me samples that anybody may have. I desperately need them
-Can I use the 1yr rule for DV discharge as we haven't lived together from Jun'2010

-Quash . Really need a strong quash petition. Plz send me samples that anybody may have. I desperately need them
-Can I use the 1yr rule for DV discharge as we haven't lived together from Jun'2010
Quash..........seems a non-starter
Indejeet Singh Grewal judgment can be used to our favor (1 yr period). Try in MM court!

Looks like the usual format.
If she hasn't turned up at your doorstep with the residence order, she probably might not have got an IO as yet.

Has she claimed that you both have been living apart so long in DV? I think you should thank her for that.
Even I think you can use the one yr judgement.
good luck.
Prayers with u.

Kumar,

you can also raise objection in trial court citing the SC judgement for 1 yr time limitation.
It may be cheap. But as they say, court once taken coginzance of a mtter, would be reluctant to change its stand..so quash may be better for that.

There is no as such quash drafts you would get easily. you will have to hire someone to draft one & then amend it on your own.

affidavit is a technical issue , though can be raised but may not help much, except that court would ask her to submit one. However if she is lying in her petition, for which you would later want to file crpc 340 perjury, then no harm in asking for affidavit. as it is only under affidavit that one can not lie for 340 crpc..a joke of the system.

we are in similar boats ..

Sub Clause 4 of Section 125 Cr.P.C., contended that a wife who is living away from her husband , would not be entitled to an order of maintenance under Section 125 Cr.P.C.
. For the sake of convenience, sub Sections 4 and 5 of 125 Cr.P.C. are reproduced as hereunder:-

"(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. (5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order."

Time Limit for DV cases is 1 year



Submissions made by Shri Ranjit Kumar on the issue of
limitation, in view of the provisions of Section 468 Cr.P.C.,
that the complaint could be filed only within a period of one
year from the date of the incident seem to be preponderous in
view of the provisions of Sections 28 and 32 of the Act 2005
read with Rule 15(6) of The Protection of Women from Domestic
Violence Rules, 2006 which make the provisions of Cr.P.C.
applicable and stand fortified by the judgments of this court in
Japani Sahoo v. Chandra Sekhar Mohanty, AIR 2007 SC 2762; and
Noida Entrepreneurs Association v. Noida & Ors., (2011) 6 SCC
508.


25.In view of the above, we are of the considered opinion that
permitting the Magistrate to proceed further with the complaint under the provisions of the Act 2005 is not compatible and in
consonance with the decree of divorce which still subsists and thus, the process amounts to abuse of the process of the court.Undoubtedly, for quashing a complaint, the court has to take its contents on its face value and in case the same discloses an offence, the court generally does not interfere with the same.However, in the backdrop of the factual matrix of this case,permitting the court to proceed with the complaint would be travesty of justice. Thus, interest of justice warrants quashing of the same.

This is the comment SC made in his recent judgement Inderjit Singh Grewal Vs State, as was posted by Shonee Sir. It mentions that this argument has weight & then quashes DV including various other reasons of the case...

But my wife is alleging that she called me in July'2011(6months back) on phone and I abused her, demanded dowry etc.
Will the court consider July'2011 or Jun'2010 as our date of last incident.

But when I try to get this DV case quashed based on 1Yr rule, do I need to wait till they present the material evidence ?
I want to get the DV case dismissed asap based on supreme court citation of 1yr rule. Can I do that or wait till material evidence is presented !!!

I will send you a judgement where delhi HC mentioned that calling & threatening from a distant phone does not constitute domestic violence. if at all, it can be an offence under various section of IPC , but not a domestic violence incident.

besides this does not change the fact that you are not in domestic relationship with her for last one year i.e. since when you started residing separate.. i.e. not under same roof.

You should go ahead & present your case STRONGLY & WITH CONVICTION. That is the key.

@ mohanram
Kindly post it in judgment section (DV) for everybody's help!
gal

1)VIOLENCE COMMITTED WHEN NOT IN DOMESTIC RELATIONSHIP-DOES NOT COME UNDER DOMESTIC VIOLENCE ACT--JUSTICE DHINGRA( SALUTATIONS TO THIS GREAT MAN) Para graph 7 OF THE JUDGEMENT POSTED
2) DOMESTIC RELATION SHOULD BE ALIVE BETWEEN THE AGGRIEVED AND THE RESPONDENT , WHEN COMPLAINT OF DOMESTIC VIOLENCE IS MADE FOR IT TO FALL UNDER DOMESTIC VIOLENCE ACT AND IF THE RELATIONSHIP IS NOT ALIVE WHEN THE COMPLAINT IS MADE --THEN DOMESTIC RELATIONSHIP IS SAID TO BE NOT THERE( NAGESH MALIK VS PAYAL MALIK--INDIANKANOON.ORG/DOC/234540)


Vijay Verma vs State Nct Of Delhi & Anr. on 13 August, 2010
Author: Shiv Narayan Dhingra

* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Reserve: July 27, 2010

Date of Order: 13th August, 2010

+ Crl. M.C. No.3878/2009

% 13.08.2010 VIJAY VERMA ..... Petitioner Through: Mr. K.K. Manan, Mr. Tarun Goomber,

Mr. Nipun Bhardwaj, Mr. Pankaj Mandiratta and

Mr. Ashish George, Advocates.

versus

STATE N.C.T. OF DELHI & ANR. ..... Respondents Through: Mr. Sunil Sharma, APP for the State.

Mr. Sunil Sethi, Mr. Sumit Sethi & Mr. B.C.

Mishra, Advocates for R-2.

JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment? Yes.

2. To be referred to the reporter or not? Yes.

3. Whether judgment should be reported in Digest? Yes. JUDGMENT

1. This petition has been filed under Section 482 Cr. P.C. assailing order of learned A.S.J. dated 7th September, 2009, upholding the order of learned M.M. dated 11th July, 2009.

2. Brief facts relevant for the purpose of deciding this petition are that the petitioner herein had filed an application under Section 12 of Protection of Women from Domestic Violence Act making her brother and his wife as Crl. M.C. No. 3878 of 2009 Page 1 of 7 respondents. She sought an interim order from the Court of M.M. for immediate residence rights and police protection so that she could stay at premises No. A-181, Defence Colony, Delhi, whenever she visited India. The petitioner is a permanent resident of USA and is living in USA since year 2000. She came to India on a visit on 15th July, 2008 and alleged that when she went to her parental house on 16th July, 2008, she was not allowed to enter her parental house and hence the application.

3. Learned MM in her order observed that in this case the petition was more in a nature of claiming right in the property. The whole dispute seemed to be property dispute between the parties and there was no ground to pass an interim order of residence. The learned ASJ upheld this contention in appeal.

4. It is not disputed that father of the petitioner is not alive. Property No. A-181, Defence Colony, New Delhi, was owned by the father of the petitioner and respondent No. 2. Petitioner claimed right in the property alleging that she had a right in her father's property whereas respondent No. 2 relied upon a Will executed by father bequeathing his rights and share in the property in favour of his grandson. The respondent also relied upon an affidavit earlier executed by the petitioner showing that she had received her share in the property. It is also not disputed that a suit for partition titled as Crl. M.C. No. 3878 of 2009 Page 2 of 7 "Indra Warman Vs. Kishan Kumar Verma", being CS(OS) No. 2137 of 2006, filed by the sister of petitioner was pending in the High Court wherein the petitioner was one of the defendants and the petitioner herself also filed a suit for partition in the High Court being CS(OS) No. 2028 of 2009, titled as " Vijay Verma Vs. Kishan Kumar Verma & Ors."

5. Filing of a petition under Protection of Women from Domestic Violence Act by the petitioner taking shelter of domestic relationship and domestic violence needs to be considered so that this Act is not misused to settle property disputes. Domestic relationship is defined under the Act in Section 2(f) as under:

"(f) 'domestic relationship' means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family."

6. A perusal of this provision makes it clear that domestic relationship arises in respect of an aggrieved person if the aggrieved person had lived together with the respondent in a shared household. This living together can be either soon before filing of petition or 'at any point of time'. The problem arises with the meaning of phrase "at any point of time". Does that mean that living together at any stage in the past would give right to a person to become Crl. M.C. No. 3878 of 2009 Page 3 of 7 aggrieved person to claim domestic relationship? I consider that "at any point of time" under the Act only means where an aggrieved person has been continuously living in the shared household as a matter of right but for some reason the aggrieved person has to leave the house temporarily and when she returns, she is not allowed to enjoy her right to live in the property. However, "at any point of time" cannot be defined as "at any point of time in the past" whether the right to live survives or not. For example if there is a joint family where father has several sons with daughters-in-law living in a house and ultimately sons, one by one or together, decide that they should live separate with their own families and they establish separate household and start living with their respective families separately at different places; can it be said that wife of each of the sons can claim a right to live in the house of father-in-law because at one point of time she along with her husband had lived in the shared household. If this meaning is given to the shared household then the whole purpose of Domestic Violence Act shall stand defeated. Where a family member leaves the shared household to establish his own household, and actually establishes his own household, he cannot claim to have a right to move an application under Section 12 of Protection of Women from Domestic Violence Act on the basis of domestic relationship. Domestic relationship comes to an end once the son along with his family moved out of the joint family and established his own household or when a daughter gets married Crl. M.C. No. 3878 of 2009 Page 4 of 7 and establishes her own household with her husband. Such son, daughter, daughter-in-law, son-in-law, if they have any right in the property say because of coparcenary or because of inheritance, such right can be claimed by an independent civil suit and an application under Protection of Women from Domestic Violence Act cannot be filed by a person who has established his separate household and ceased to have a domestic relationship. Domestic relationship continues so long as the parties live under the same roof and enjoy living together in a shared household. Only a compelled or temporarily going out by aggrieved person shall fall in phrase 'at any point of time', say, wife has gone to her parents house or to a relative or some other female member has gone to live with her some relative, and, all her articles and belongings remain within the same household and she has not left the household permanently, the domestic relationship continues. However, where the living together has been given up and a separate household is established and belongings are removed, domestic relationship comes to an end and a relationship of being relatives of each other survives. This is very normal in families that a person whether, a male or a female attains self sufficiency after education or otherwise and takes a job lives in some other city or country, enjoys life there, settles home there. He cannot be said to have domestic relationship with the persons whom he left behind. His relationship that of a brother and sister, father and son, father and Crl. M.C. No. 3878 of 2009 Page 5 of 7 daughter, father and daughter-in-law etc survives but the domestic relationship of living in a joint household would not survive & comes to an end.

7. This meaning of domestic relationship has sense when we come to definition of domestic violence and the purpose of the Act. The purpose of the Act is to give remedy to the aggrieved persons against domestic violence. The domestic violence can take place only when one is living in shared household with the respondents. The acts of abuses, emotional or economic, physical or sexual, verbal or nonverbal if committed when one is living in the same shared household constitute domestic violence. However, such acts of violence can be committed even otherwise also when one is living separate. When such acts of violence take place when one is living separate, these may be punishable under different provisions of IPC or other penal laws, but, they cannot be covered under Domestic Violence Act. One has to make distinction between violence committed on a person living separate in a separate household and the violence committed on a person living in the shared household. Only violence committed by a person while living in the shared household can constitute domestic violence. A person may be threatening another person 100 miles away on telephone or by messages etc. This may amount to an offence under IPC, but, this cannot amount to domestic violence. Similarly, emotional blackmail, economic abuse and physical abuse Crl. M.C. No. 3878 of 2009 Page 6 of 7 can take place even when persons are living miles away. Such abuses are not covered under Domestic Violence Act but they are liable to be punished under Penal laws. Domestic Violence is a violence which is committed when parties are in domestic relationship, sharing same household and sharing all the household goods with an opportunity to commit violence.

8. I therefore consider that the application filed by the petitioner under Section 12 of Domestic Violence Act was not at all maintainable. The petitioner had settled her separate house in America, her Passport was issued in America, she is doing job in America, she was adult and able to take care of herself, take her own decisions. She decided to live in America after leaving her parents here. If she has any right in her father's property, she has already filed a suit for partition. An application under Section 12 of Domestic Violence Act was nothing but a gross misuse of the Act and I consider that she was rightly denied the interim relief of residence in the property left by her father. The petition is hereby dismissed.

August 13, 2010 SHIV NARAYAN DHINGRA, J. acm

Crl. M.C. No. 3878 of 2009 Page 7 of 7

ANOTHER JUDGEMENT BY JUSTICE DHINGRA--INDIANKANOON.ORG/DOC/234540
The definition of "wife" as available under Section 125 Cr.P.C could not be imported into Domestic Violence Act. The Legislature was well aware of Section 125 Cr.P.C. and if Legislature intended, it would have defined "wife" as in Section 125 Cr.P.C in Domestic Violence Act as well. The purpose and object of Domestic Violence and provision under Section 125 Cr.P.C. is different. While Domestic Violence Act has been enacted by the Parliament to prevent acts of domestic violence on women(it does not mean only Wife/other women could be mother , daughter-My inference) living in a shared household. Section 125 of Cr.P.C. is to prevent vagrancy where wife is left high and dry without maintenance. Law gives Crl. Rev. P. No.252/2010, 253/2010 & 338/2010 Page 10 of 16 a right to claim maintenance under Civil Law as well as Section 125 Cr.P.C.( can be claimed by wife only-my inference) even to a divorced wife, but an act of domestic violence cannot be committed on a divorced wife, who is not living with her husband or family and is free to live wherever she wants. She has a right to claim maintenance and enforce other rights as per law. She has a right to claim custody of children as per law but denial of these rights do not amount to domestic violence. Domestic Violence is not perceived in this manner. The definition of "Domestic Violence" as given in Section 3 of The Protection of Women from Domestic Violence Act, 2005 and is under:
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READ THE ABOVE TOPIC AS WELL

Help me here with my strategy.
1. File for quash in the same court saying that domestic relationship has exceeded the limit of 1 yr for filing case under DV act and try to get a stay for both interim & final judgement --> { SC Judgement, CRIMINAL APPEAL NO. 1635 of 2011 (Arising out of SLP(Crl.) No. 7787 of 2010) Inderjit Singh Grewal …Appellant Vs State of Punjab & Anr and DELHI HC, Dt of Order: 29th July, 2010, Crl. Rev. P. No. 252/2010, 253/2010 & 338/2010 ; BENCH: JUSTICE SHIV NARAYAN DHINGRA ; PARTIES: Nagesh Malik vs Payal Malik }

If (1) fails then I will use option (2)

2.My chargesheet has not been filed, so I would request the MM judge to stop the DV (interim & final) asap till charge sheet is filed --> { Supreme Court(SC): Cr. App. No. 1830 of 2010, PAL @ PALLA Vs. State of Uttar Pradesh }

If (1) and (2) fail then will use (3)
3. Fight against interim maintenance as she was working before, highly qualified, didn't come with clean hands, walked out of matrimonial house on her own, already very rich as she has property on her name, gold etc, lost job because of 498a as couldn't join on time(passport seized by court).

Let me know if I am on right track.

Thx

Guys, Any comments on my strategy ?

Also, are there any judgments saying that wife not eligible for maintenance incase she is already rich ?

Thx

galsober,

Indian99 put the same judgement Vijay Verma Vs. NCT Delhi, which I referred to kumar123.

once again here is the relevant point :

7. This meaning of domestic relationship has sense when we come to definition of domestic violence and the purpose of the Act. The purpose of the Act is to give remedy to the aggrieved persons against domestic violence. The domestic violence can take place only when one is living in shared household with the respondents. The acts of abuses, emotional or economic, physical or sexual, verbal or nonverbal if committed when one is living in the same shared household constitute domestic violence. However, such acts of violence can be committed even otherwise also when one is living separate. When such acts of violence take place when one is living separate, these may be punishable under different provisions of IPC or other penal laws, but, they cannot be covered under Domestic Violence Act. One has to make distinction between violence committed on a person living separate in a separate household and the violence committed on a person living in the shared household. Only violence committed by a person while living in the shared household can constitute domestic violence. A person may be threatening another person 100 miles away on telephone or by messages etc. This may amount to an offence under IPC, but, this cannot amount to domestic violence. Similarly, emotional blackmail, economic abuse and physical abuse Crl. M.C. No. 3878 of 2009 Page 6 of 7 can take place even when persons are living miles away. Such abuses are not covered under Domestic Violence Act but they are liable to be punished under Penal laws. Domestic Violence is a violence which is committed when parties are in domestic relationship, sharing same household and sharing all the household goods with an opportunity to commit violence.

Kumar,

My guess is that if you have not filed WS yet. You should file an application in trial court citing all the various grounds of non maintenability of DV petition/complaint. And ensure that you keep the TIME LIMIT at the top. & keep SC judgement handy on this. This is new thing & judiciary would not be too conversant with such thing. You will have to raise this point very very convincigly. They can not deny a SC judgement on merit & esp. in writing after you brought judgement on record. So it is going to be tough for your MM to take a call on this. Most likely she will take easy path & decide in favour of SC judgement.

Now if you have filed WS like me, then I am not sure if such an application can be still raised with due force.

Don't hear to your lawyer if he opposses this as what you are going to do is something unconvention & different. & hence I repeat you have to say it with convincement.

If MM declines, my suggestion is to go to Session COurt & get a stay. if no stay, then file for the quash as grounds are non maintenable. try that your quash goes to Kailash Gambhir like judges who can take a call. But that may not be entirely in your hand & I guess there are other good judges also in HC, hopefully.

Filing for quash could be other alternative. quash is done only in HC, that may mean little extra cost, but chances are there, that if it quashes, it will be uprooted & you will set a precedent for history & for helping guys like us here.

Fighting on merit or any other way (2 & 3) suggested in your approach seems natural but once an Interim Order is passed, then there is less advanatge in delaying the case. So option 2 would not be much help, I believe.

we can talk about this.

one of our problem esp. for Delhi folks is that we do not take charge of our cases, we depend on lawyers, who are junk mostly. lawyers do routine things only & money is their only aim. They have made mockery of once a reputed profession.. Barristers then, and brokers now..that is the change in this profession at ordinary level. at high level, there may be some good names but I have yet to find one for my case..[that was a little bit of frustration about lawyers & corrupt judiciary that I have come across for myself & my Son]

Quick update:
The judge has asked the other party to serve the summons to me in foreign country. Now they are crying in front of judge that they don't know my address.
a)Did anybody receive summons as an NRI.
b)How are they served ? Registered post with ack etc
c)How to avoid receiving them and not get into trouble
d)What will happen incase they can't serve to me ?

Thx

Can somebody share their experiences ?