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Mitesh Patel (NA)     11 November 2011

How to get dismiss complain under dv in court

We belongs from Hindu Family, I Was married in Nov 2008. My wife has having affairs with her boy friend and I Caught her based on her SMS Chat, She was regretted for the same but at that time i scolded her and avoided her accompany in Bedroom. (Aug 2010) In the festive of Janmashtmi she went to her father's home. ans asked her father that i am doubted to her so i don't want to live with him and i wanna divorce. after one months of that her father called my cousin uncle (My father was passed away in 2005) and asked that i am made doubt on her daughter therefore she wants divorce then the relatives of both side comes in matter and made conciliation between us. But I kept watch on her and i found that after conciliation she kept continue to met her boy friend therefore i denied her parents that i am not ready to get back her home due to her loose character. (Nov 2010) Then her father said that thats fine, give us alimony and get back our Items and Jewellery as per List (which is false) and get the divorce. I refused their fake list and asked them get the divorce as mutual basis. Don't expect any additional money from me. (Jan 2011) Then they make case against me in Jan 2011 u/s 498(a), DP 3 &7,323, 294(b), 114 in Ahmedabad, Gujarat (Fen 2011) Then they made case of Maintenance(CRPC 125) In Junagadh Family Court showing that she is living her cousin uncle's home due to my torturing to her and her Family in ahmedabad but case is dismissed on 23/09/2011 however during this period she has been making other criminal proceeding in Ahmedabad. I produce and highlighted those fact and asked to Court therefore court dismissed the case (July 2011) Now, She made new complain under DV 2005 in Ahmedabad Now matter is there are many controversy statement found in her filled F.I.R, crpc 125 and DV 2005 based om these controversy statement may we asked the respective court to dismissed the same. I yet to file my reply before the respective court Looking forward your cooperation on this


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 9 Replies

Piyush Vaishnava (Advocate)     11 November 2011

what you wannt exactly?

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     11 November 2011

File your objections to DV main petition and contest the case.

1 Like

Rajeev Kumar (Lawyer/Advocate)     11 November 2011

File your objection to DV case and contest it. Let's have all proof of your wife contradictory statement in 125 cr.pc, F.I.R of DV case 2005 and the case dismissed by ahmedabad court u/s 498a. Make points from these document and contest the case and ask for dissmissal of present case. Best of luck
1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 November 2011

There is no way, it can be dismissed, you would need to ontest the same.

 

 

Regards,

 

Shonee Kapoor

harased.by.498a@gmail.com

1 Like

Mitesh Patel (NA)     14 November 2011

means??

**Victim** (job)     15 November 2011

Don't pay her any settlment amount. I suggest if you want divorce try collecting evidence against ur wife having affair after marriage. You can seek divorce under adultery. As shonee said you will have to contest DV case it can't be dismissed.

1 Like

(Guest)

As suggested above, DV case cannot be dismissed..but you can delay it to frustrate the other side...

Since DV is a new act, most of the lawyers and also Judges do not follow proper procedure..talk to a good lawyer and see if every thing is OK and proper procedure is followed...

In case it is not..you can file an application under section 482 of the CrPC praying for setting aside any order that has been made or for correction of anything that is not going as per law..

This delay will frustrate the other party...

1 Like

Dharmesh Manjeshwar (Advocate/Lawyer)     15 November 2011

U have been well advised by all here ..........

1 Like

Dr J C Vashista (Advocate)     20 November 2011

You have no alternative but to contest.

Apply for divorce in adultary with evidences.

1 Like

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