Dv case dismised

Ajay Sharma (Querist) 02 August 2013 This query is : Resolved
Hi Experts

My Wife put DV case against me but from the two date she is not appearing/coming

Can judge order to dismiss the case or i have to appeal to judge to dismiss the case as she is not coming on a regular basis

Thanks

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sivakumar.k (Expert) 02 August 2013
U can insist to dismiss, but court will give her some reasonable opputunity to conduct her case

V R SHROFF (Expert) 02 August 2013
YES, IF SHE DO NOT COME FOR COSECUTIVE 3 DATES, AND HER ADV DO NOT ATTEND COURT W/O ANY REASON, CASE CAN BE DISMISSED FOR DEFAULT, AS PROSECUTION HAVE NO INTERTEST TO PROCEED WITH THE CASE.

ajay sethi (Expert) 02 August 2013
agree with experts case can be dismissed for default

R.K Nanda (Expert) 02 August 2013
nothing to add more.

Nadeem Qureshi (Expert) 02 August 2013
agree with experts, nothing left to add

Adv Archana Deshmukh (Expert) 02 August 2013
Pray to the court for dismissal of the case.

Ajay Sharma (Querist) 04 August 2013
Suppose the case is dismissed for default
can she reopen the case or can she file again a fresh case?

ajay sethi (Expert) 05 August 2013
she can file fresh case in respect of fresh cause of action . she can if she desires file appeal against dismissal of case

Ajay Sharma (Querist) 05 August 2013
hello sir

Only her desire is enough to humilate me and my old parents or there should be definite reason ?

ajay sethi (Expert) 05 August 2013
she has to make out a case for domestic violence . then only is complaint maintanable

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