[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/bbcode.php on line 543: preg_replace(): The /e modifier is no longer supported, use preg_replace_callback instead
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4759: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3887)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4761: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3887)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4762: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3887)
[phpBB Debug] PHP Warning: in file [ROOT]/includes/functions.php on line 4763: Cannot modify header information - headers already sent by (output started at [ROOT]/includes/functions.php:3887)
498a Discussion Forum - View topic - maintenance set aside!!!
It is currently Thu Jun 24, 2021 11:45 am



Reply to topic  [ 21 posts ] 
maintenance set aside!!! 
Author Message

Joined: Thu Aug 26, 2010 7:58 am
Posts: 273
Dear friends,

Today I have won two 128 crpc cases filed against me by mrs.498a and one 126(2)case filed by me.


126(2)was filed for setting aside exparte 125 crpc order which she got in feb 2010 for rs.4000/- pm

Written orders I should be getting soon.

:)


Thu Sep 01, 2011 1:11 pm
Profile

Joined: Tue Apr 19, 2011 12:00 pm
Posts: 754
Congrates Alok..

Do post your strategy , arguments for others to refer..

Cheers !!


Thu Sep 01, 2011 2:16 pm
Profile

Joined: Sun Oct 17, 2010 5:06 pm
Posts: 430
Congrats,do post ur order and strategy and grounds


Fri Sep 02, 2011 2:58 am
Profile

Joined: Thu Oct 28, 2010 3:25 pm
Posts: 188
congrats alok..

please post the judgement asap..


Wed Sep 07, 2011 1:43 pm
Profile

Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
congrats from the depth of my heart, by stopping maint. to her "TUMNE KUTTE KE MUHN SE BOTI CHHEEN LI"
Hope to hear such gr8 news from u time & again!


Wed Sep 07, 2011 1:56 pm
Profile

Joined: Thu Aug 26, 2010 7:58 am
Posts: 273
Dear friends,

Thanks a lot.strategy was to get the ex-parte maintenance order set aside by filing objection under section 126(2) of crpc which says that all proceedings should be held in the presence of respondent or pleader.

It was time barred as I objected after one year.They tried to prove that I wilfully avoided serving of summons during 125 crpc.
Our point was to prove there was no wilful avoidance of summons.next her lawyer argued that it was time barred as 90 days have elapsed.our stand was that 90 days should be taken from date of knowledge of 125 order.
My lawyer gave two high court judgements in this regard.on 1st it was for written judgement which will be in my hands on 14th.

So,she lost approx 4,000X18 and two and half years and not even a single penny.


Wed Sep 07, 2011 2:41 pm
Profile

Joined: Thu Oct 28, 2010 3:25 pm
Posts: 188
hi alok,

thanx.. i learnt about 126(2) from you..

congrats again.

@galsober..

Well said... :)


Wed Sep 07, 2011 3:06 pm
Profile

Joined: Wed Apr 27, 2011 6:06 am
Posts: 47
Congrats Bro,

The ex parte objection which you have filed was in the same court or in higher court.


Thu Sep 08, 2011 9:19 am
Profile

Joined: Thu Aug 26, 2010 7:58 am
Posts: 273
It was in same court.


Thu Sep 08, 2011 10:04 am
Profile

Joined: Thu Aug 26, 2010 7:58 am
Posts: 273
Dear friends,

As many of you were asking for maintenance set aside order,i have got it but it is in hindi.anybody who wants it can have its pdf through mail.

mail id :dr.alok@live.com
-Alok


Thu Oct 06, 2011 1:14 pm
Profile

Joined: Mon Feb 07, 2011 6:39 pm
Posts: 64
congrats alok
in getting the maintenance exparte order setting aside
did u pay any deposit ???????

my maintenance exparte order of 50,000/- per month was set aside with a deposit of 1,00,000/- where after i went to high court and got the stay on MC proceedings

i request you to plz transulate the hindi version of the order and post the reference judgements of supreme court which were used in your MC case.

murali_lanka@yahoo.com

thank u


Sat Oct 08, 2011 1:47 pm
Profile

Joined: Thu Aug 26, 2010 7:58 am
Posts: 273
when any maintenance order is set aside generally court fixes some cost to give.in my case it was 800 INR .cases are also there where order was set aside without any costs.

but such a high cost in your case is certainly unusual and alarming.for which your decision to go to high court is best.

what kind of maintenance case is yours?125 crpc after 498a or DV or any pendente lite.

i sent scans to many persons asking for it and few said that they can get it translated.guys if any one of you can translate then send him the translation.


Sat Oct 08, 2011 7:18 pm
Profile

Joined: Mon Feb 07, 2011 6:39 pm
Posts: 64
hi alok
my MC is after 498 , DV - 125
my opponent party knowing that i am out of india - they filed MC and got the exparte , this i contested within 3 three months ( that is on the last day of that time limit ) -- gave a shock to them
on the last day i filed my set aside petition
and judge saying ---- it is a fit case to be set aside as the respondent went on job with the court permission ----
and as they managed the judge - he said to deposit 1,00,000/- which can be awarded as interim maintenance
then we went to high court - how can a judge give interim maintennace without applying for interim . first of all according to the judge if it is a fit case to be set aside -- on what grounds do we have to deposit 1,00,000/-

now the MC is on stay from may 2011


Sat Oct 08, 2011 7:30 pm
Profile

Joined: Mon Feb 07, 2011 6:39 pm
Posts: 64
hi friends -- this is my MC stay from AP high court


IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH

AT HYDERABAD

TUESDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND ELEVEN

: PRESENT :

THE HON’BLE SRI JUSTICE : N.RAVI SHANKAR

CRL.R.C.MP. NO. 1415 OF 2011

IN

CRL.R.C. NO. 950 OF 2011

Between:

L.Murali Mohan S/o Gandhi ................Petitioner/Respondent

(Petitioner in Crl.R.C No. 950 of 2011 on the file of the High Court)

AND

The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad
L. ----------------- w/o L.Murali Mohan


Respondents/Petitioners (Respondents in do)


Counsel for the Petitioner : SRI NAGARAJU NAGURU

Counsel for the Respondent No.1 : PUBLIC PROSECUTOR



Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the petition and the grounds filed in Crl.R.C., the High Court may be pleased to suspend the operation of the order dt: 31-3-2011 passed in Crl.M.P.No. 713 of 2010 in MC.No. 245 of 2009 by the Hon’ble Family Court cum IV Additional District and Sessions Judge, Vijayawada, pending Crl.R.C. No. 950 of 2011 on the file of the High Court


The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case).


ORDER:



“There shall be interim stay until further orders, subject to the condition of the petitioner depositing Rs. 20,000/- (Rs. Twenty thousand only) in the trial Court on or before 16-5-2011. Post on 8-6-2011. Issue notice. Learned counsel for the petitioner is permitted to serve personal notice and file proof of service.”



ASSISTANT REGISTRAR

// TRUE COPY //

for ASSISTANT REGISTRAR

To

The Judge, Family Court cum IV Additional District and Sessions Judge, Vijayawada
L.----------- w/o L.Murali Mohan, Vijayawada (BY RPAD)
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad (OUT)

One CC to Sri Nagaraju Naguru, Advocate (OPUC)
One Spare Copy


Sat Oct 08, 2011 7:44 pm
Profile

Joined: Wed Apr 27, 2011 6:06 am
Posts: 47
Congrats Brother,

1. Please tell us till how long the stay is valid.

2. Did u directly appeal in high court without going to session court.


Sun Oct 09, 2011 9:27 am
Profile

Joined: Mon Feb 07, 2011 6:39 pm
Posts: 64
hi friends
this stay is till further orders from high court
as the opponents were served with notices - stay will be there as along as they contest and justify. ---
my wife filed for MC in the sessions court only - so it saved my time in going to high court directly

let us see what happens next.
i request you friends to kindly post any reference judgements from SC and HC relating the same so that - we can tackle the money extorters easily

thank u


Sun Oct 09, 2011 10:49 am
Profile

Joined: Thu Aug 26, 2010 7:58 am
Posts: 273
You will definitely get relief from high court.dont lose your sleep over it.amount you paid will be adjusted anywhere by high court and surely not as interim.


Sun Oct 09, 2011 11:25 am
Profile

Joined: Thu Aug 26, 2010 7:58 am
Posts: 273
Lower court erred gravely.High court will pronounce some decision in your favour about the money which you already deposited.relax!

any blind man can see judicial flaw in lower court judgment then why cant high court.because of this reason only you got saty on MC without any interim by high court.

You may file RTI against judge who passed this order.asking that under what law and what provisions in law he passed such order.you can complain about him to district judge and chief justice AP directly.


Sun Oct 09, 2011 11:44 am
Profile

Joined: Mon Sep 13, 2010 2:30 pm
Posts: 4740
@alok!
You may file RTI against judge who passed this order.asking that under what law and what provisions in law he passed such order.you can complain about him to district judge and chief justice AP directly.

Howz it possible?!


Sun Oct 09, 2011 12:41 pm
Profile

Joined: Mon Feb 07, 2011 6:39 pm
Posts: 64
hi alok
plz tell me - how to put the judge into trouble.
and if u have any formats to complain to district judge and chief justice -- plz forward me
i will work on it - i am literally tired in this aspect -- where the oponents are managing each and every person including judge.

thank u


Mon Oct 10, 2011 5:06 am
Profile

Joined: Thu Aug 26, 2010 7:58 am
Posts: 273
Dear Shonee,

Please help murali and galsober.


Regards,

Alok


Mon Oct 10, 2011 1:16 pm
Profile
Display posts from previous:  Sort by  
Reply to topic   [ 21 posts ] 

Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group
Designed by ST Software for PTF.