My wife filed DV case on us one and half year back. After six month, court denied her interim maintenance because she is working and earning 45,000/- INR per month. She appealed in session court to get interim maintenance. Since last eight month, she is appearing court where she filed DV court and asking for next date. She haven't filed evidences since last eight month. Magistrate give next date every time. I asked my advocate then he told me that we can't do anything. Please let me know is their any provision where we can enforce magistrate to disclose this case because evidence not filed since last eight month.
Please let me know details of IPC section where mentioned if applicant not filed evidence more than eight month, then magistrate can disclose this case. We are appearing since last eight and nothing is happening. Just we are appearing inside court and getting next date for hearing. Court is around 200 Kms away from my home town. Please let me know what to do in such situation. Even my wife appealed in session court which got denied three time as she is working. Still she is giving argument in session court. I haven't received any notice/summons yet to appear inside session court because admission denied by session court. I got this information from court website. Please let me know whether is it necessary to appear inside session court or not without summons or notice?..
My queries :-
a. What to do if applicant not filed evidence more than eight month and taking next date on every hearing?..
b. May I need to appeared in session court for appeal without notice/summons receive from session court?..