contested Dismissed
ramakrishna.r.b
(Querist) 01 July 2015
This query is : Resolved
In our DV case our case was dismissed in the lower court bcoz the respondent has tipped our lawyer as well as the judge and judge says evidance from complainent was not suffient. We went for an appeal in the sessions court, Within 6 months Judge gave an order Contested Dismissed case disposed. Notice was served to respondent 4 times and 2 times Arguements date was given. complinant was not evidenced whereas judgement given. How can they dismiss the case like this ? What is the exact meaning of this. How we have to fight next ? pls help me by giving your valuable feed back at the earliest
SAINATH DEVALLA
(Expert) 04 July 2015
Contested Means : Disputed the claim of the petitioner, as the petitioner may not have submitted sufficient valid evidences. Dismissed for default means, case is dismissed for not adducing the evidence of the petitioner, when the stage is fixed for the petitioner's evidence. If petitioner remained absent continuously and failed to lead his/her evidence, case dismisses for the default.
The DV Petition can be revived by filing an Application and getting the Order for dismissal in default set aside. Be careful to satisfy the Judge with merits.
