DVC 2005
Now the actual case here is that My mother (65 years) had filed DVC (only for mental, economical and social harassment but not physical) against my father (70 years), myself (40 years), my paternal uncle & aunt and their two sons (30 & 42 years) through local protection officer (Women and Child care ministry) She had not got vakalat filed and nt hired lawyer since she is not in a state to hire lawyer. Court had issued notices to all seven of us including my mother. My mother, myself and one son of my paternal uncle's family had attended first hearing which is in notice stage. My father was shown that he had not received notices. They had filed vakalat excluding my father. In second hearing also my father was shown not received notices and my paternal uncles family and my mother not attended hearing. I had got filed vakalat filed individually. Then honorable court had set my paternal uncle's family exparte and adjourned as notice stage as my father was shown not received notices for second time. Now the actual situation here is
1. I had got vakalat filed but I do not want to file counter against my mother's petition. Will there be any harm for me in doing so and what will be the repercussions ? Can the court force me to file a counter ? I believe that once my father attends court and discloses his intention then only I will be able to take decision of filing counter. and I am in favor of my mother. and I do not have any grudge over my father for not looking after us (my mother and myself). and gave away all benefits to third parties by ignoring us.
2. Since my father was shown not received notices for second time also what will the next step supposedly to be taken by the court ? It is also strong held fact that my father is under evil influence of my paternal uncle and his family but neither of them are accepting the fact and are trying to harass my mother mentally, socially and economically
3. Since my mother did not hire a lawyer because of whatsoever reason will the court provide any support for her ? Do my mother need to do any procedures or applications to get court's support for hiring advocate ?
Do my mother should attend the court for second time since my father was shown not received notices ?
4. Now coming to the case of my paternal uncle's family being set exparte - what may be the steps supposedly will be taken by my uncle's family and how will my mother, myself will get affected by their actions ?
I request all respected wise men of the forum to kindly guide me in this regard so that my mother and myself will be relived of this hassle
One more thing my father was instructed by the honorable family court to pay a certain amount of interim maintenance in another case to my mother but till now he had not paid a single paisa. my mother and myself are unable to take any action on this owing to our financial and social conditions and my mother's health conditions and old age problems
Please guide us and enlighten us and as per the local advocate are concerned I think I need not explain the situation in this context more
so please tell me whether not filing counter against my mother is justified and also in this regard please note that my father is just ignoring the suit by pretending that he had not received the court notices more