How to dismiss appeal against JMFC order?

673 votes

Initially, you have not mentioned about u r husband . but as far as this query is concern you have to come with a Prima facie case on all the grounds which you have taken to pass residence order u/s 19 of DV Act if any, before JMFC Court. further, if your in laws mentioned above treated you as above , you can file an application u/s 31 of DV Act before the JMFC on the basis of the Residence order and if you succied to present u r case against harressment by all in laws and 2 care taker, the court can further pass order u/ s 31 agianst the respondents which amounts to breach of order and punishment for 1 year or further court may direct the Police to register the FIR u/s 498 against the respondents and therefore, before appeal u can take this plea to dismiss their appeal which is definately help u. and the major ground is also with u to dismiss the appeal that the matrimonial property ia ancestral therefore the question of share of property will help u to reside there , no one has a right to taken out u from matrimonial house, now the rest of things depend on u r husband whether he is alive or ???. best of luck do causiously with all subjective material of u r case. best of luck.

Advocate Nitesh Haridas Samundre LawRato

523 votes

Interim order is passed on being satisfied that domestic violence has prima facie taken place has incidence of domestic violence is sworn by you through affidavit and other evidence produced by you in support of your application . Every breach of protection order is an offence and punishable with imprisonment of either description of term which may extend to one year and fine upto Rs.20000/- or both. Though respondent had filed appeal against interim order specially residence order and other protection order your duty is to appear before appellant court and file written say and argument against the appeal. Simply you have to narrate the violence which you face during your marriage life. Also you should explain how all respondent had committed violence against you . You should narrate your latest status of living and earning to make avail residence in matromonial home. You should demand protection order from court not to restrain you from possessing in shared house. Also you can sought help of protection officer to assist you to implement and follow up court order.positively argue your side without any hinderence. Definely appeal of respondent will be dismissed if you follow above,

Advocate Vishwajit Yeshwant Pawar LawRato

905 votes

Yes appeal can be dismissed, if the appellants are not taking steps in the matter. So far as ancestral property is concerned it is share household property there are landmark judgments on this point. So you have got a good case in hand nothing to worry.

Advocate Sagar Kothari LawRato