Divorce dismissed


Hello All ,

Family court dismissed divorce suit in 9 months filed by wife for divorce 1. non submission of evidence affaidavait and 2. access order not followed.

Domestic Violence case too is going on from last 2 year , judge from dv case is neither telling my wife to

come for CROSS nor dismissing dv case.

My question is :

1. why is lower court not reading findings of family court during dismissal of divorce case and dismissing dv case.

2. is JMFC court binding to any judgement passed by Family court.

Pls HELP

 

 

 
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Provision Store

Originally posted by : Fatherforjustice
Hello All ,

Family court dismissed divorce suit in 9 months filed by wife for divorce 1. non submission of evidence affaidavait and 2. access order not followed.

Domestic Violence case too is going on from last 2 year , judge from dv case is neither telling my wife to

come for CROSS nor dismissing dv case.

My question is :

1. why is lower court not reading findings of family court during dismissal of divorce case and dismissing dv case.

2. is JMFC court binding to any judgement passed by Family court.

Pls HELP

 

 

 

Jagan felt very bad reading your problem.

 

Courts are like this only, just to favor women magistrate is doing like this.  You can get certified copy of Family court order and produce it in DV court.

 

Your lawyer is not proper, he should press for DV case to be dismissed.  Without pressing magistrate wont take anything seriously.  You should press in writing.

 
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legal advisor

file a writ petition in the high court for speedy trial

 
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All certified copies already submitted in DV Case still judge of JMFC Court is going slow...................and not taking action

 
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Advocate & Solicitor at Law

Firstly the fact that the divorce case was dismissed has no bearing on the domestic violence case as the two are indepdent proceedings . Judgements of one court are not binding/relevant on any other court unless the said cases fall under the category as mentioned in sections 40-43 of the Indian evidence act . However the fact that the domestic violence a court is not insisting for the crioss of the complainant despite the said stage having arrived does not inspire confidence . Move an application seeking closure of complainant evidence and hence the judge shall be bound to decide the said appljcation effectively
 
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ok sir thank you

 
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xxx

In most of the Family courts, judges are silent spectators. They hardly open their mouth as if they are some God who knows everything.

If you also remain silent and go by whatever the judge says then welcome to the world of Litigation.

You need to press for closure of complainant evidence, DO IT ON PAPER...Verbal talks in support of your application. 

There is no hard and fast rule that your lawyer only has to do the talking. Request the Judge in open court in a decent and respectful manner to speed up.

 
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Sir , In my case Family court dismissed divorce case filed by wife in mere 8 months. But Domestic Violence case which was started 2 years before is still going on and not considering family court judgement to dismiss dv.

Domestic violence court is mere doing time pass and dont want to dismiss case.

Dont know Judgements of family court fall under category of 40-43 of evidence act for dv judge to consider..... 

 
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