Regarding dismissal of domestic violence case
Querist :
Anonymous
(Querist) 13 May 2018
This query is : Resolved
I am hindu. I filed divorce as wife left home 2 years ago on pretext of marriage functions and never returned. After notice of divorce she immediately filed 498a first and DV after 1 week. In DV she has not attended a single hearing (due to govt job)and even her lawyer attended only 2. So can I dismiss the DV for non-appearance of wife from starting to till date. Further There was no investigation done in DV as per various judgments. Please guide and she has asked for protection,residential or rent amount.
Vijay Raj Mahajan
(Expert) 13 May 2018
The presence of the wife is not mandatory on all dates in court proceeding in domestic violence cases, however you may seek dismissal of the DV complaint on this ground along with the proper procedure not being followed in the matter.
As far on merits the demand of maintenance, right to residence and protection order by the wife. The wife already having income through her government employment and having place to live will help you get the order in your favor. As far protection order is concerned as she is not living in the same house with you and no evidence of her being hit by you during the stay at matrimonial home, her demand for protection order may also fail.
Guest
(Expert) 13 May 2018
Perfect advice by Shri Vijay Raj Mahajan.
