DV Related
kiran
(Querist) 22 July 2011
This query is : Resolved
Hi,
My wife filed 498A on me,myfather and my mother. After 10 months she filed DV(Private Complaint) on me, my mother, My two elder sisters and Brother in laws.
she has given the wrong address(DV) for one of my sister to serve Notice, since it is not reached. so they are not attending H'court.
Judge asked me to bring them to attendance for next hearing, otherwise he said, will give Exparte on mysister.
1. Whay is Judge is asking us? as it is the complainant duty to serve notice to respondent?
2.Is judge has any gounds for giving Ex-Parte on R3,R4?
3. I am seeking your valuble advice, should take them to the court, even though they have not received Summons from the court.
4.Because of this, DV Case is not moving, Are there any legal benifits that i will get if i delay the DV, Since I have filed RCR before 15 day DV case is filed by them, Notice is served First hearing is August.
Please advise me on the above.
Thanks
KN
M/s. Y-not legal services
(Expert) 22 July 2011
First thing without serving notice to the respondents the court can't pass exparty orders. Same time the mode of service may be in so many ways. Even publication in daily news paper also way of serving notice. So just beware from it.
M/s. Y-not legal services
(Expert) 22 July 2011
Since you filed a rcr earlierly than your wife's dv case, you can defence your case. Same time its only can not be a merit for your side. Without go through the contents of your wife's case we can't advise here regard this..
kiran
(Querist) 22 July 2011
Thanks Tom.
I need to know whether I should take my Sister to court and Run the DV Case or should i delay, till the time RCR crossexamination?
Thanks
-KN-
kiran
(Querist) 22 July 2011
also I want to know, Can judge continue Running DV without 2 of the respondents absence, since they are NOT served notice.
Thanks
KN
Arun Kumar Bhagat
(Expert) 06 August 2011
See section 23 of the Pwdv Act. Magistrate can pass ex-party order if you do not appear. Whether notice is served or not is immaterial.
