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Rene (cba)     11 February 2011

Can a DV case get dismissed ?

My wife filed a Dv case act 43 of  2005 section 18,19,22 last year

i stay out of india ,i got the summons but did not return the pink receipt slip.

i contacted a lawyer to inquiry about the case , what i was told that the case is not in service , but there were dates mentioned on the board of the court

after a few months i got a call from the indian embassy to verify my address and said there is some letter which would sent to me . but i did not get any letter ,

the dates kept on changing and after 8 months i was told that the case was dismissed ,

can a DV case be dismissed for not being in service ?

should i contact another lawyer ? just in case i am being tricked into it ???

is it possible that the case is dismissed , would i have trouble entering india?

 

pls advise



Learning

 21 Replies

Tajobsindia (Senior Partner )     11 February 2011

@ Author

Given to interpret the given briefs the possible reason I see is;

1. Lack of Applicant (complainant) will to peruse the Application. May happened due to time the first effective Service took as narrated in your briefs.

2. Yes, it can be dismissed is short answer. However, it can be reinstated by Applicant (wife) as and when she gets the wind of your correct Service address.

 

1 Like

ADV Rajesh KASRIJA (ADVOCATE)     11 February 2011

WHEN A CAS WAS DISMISSED IT CAN BE RESTORE

Rene (cba)     11 February 2011

Thanks for the reply ,

 

Will there be any problem when i enter india ?

how can i assure that the applicant did not persue the case further ,

normally doesnt the court send summons 2 or 3 times ? i got it only once and did not return the pink slip

or can the opposite lawyer play something and ensure that i dont get the summons and trap me in?

ADV Rajesh KASRIJA (ADVOCATE)     11 February 2011

SEND UR FRIEND TO COURT & HE WILL INQURE THE MATTER BEFORE COMMING TO INDIA

+919855714554

ADV KASRIJA

Avnish Kaur (Consultant)     11 February 2011

better not to enter india till a solution is found.

everything is possible.

try to settle with help of mediators.

1 Like

Rene (cba)     11 February 2011

ok i will do that , but does the court  send summons only one time ? or they send send 2 or 3 times before informing airport authorities ?

Rene (cba)     11 February 2011

Dear Mr. Rajesh

 

How could my friend inquire about the case  as my lawyer not presented himself for the case.

is there any legal way to find out the status of the case ?

also does in this situation the court informs the police to confirm the  whereabouts ?

could you let me know the exact meaning of case not in service ?


(Guest)

@Dear Rene,

How could my friend inquire about the case  as my lawyer not presented himself for the case.?

 

is there any legal way to find out the status of the case ?

 

Simple for status of a case contact local court clerk or your friend go to court and ask he case status through clerk and now a computer one can easily check the case status  so it very simple.

 

can a DV case be dismissed for not being in service ?

 

may be its pending or dismissed:( but for final answer my best advise is to call your friend and check the case status through court clerk and using computer he can give the current status also you can verify this through two sources first friends and second through your parents or relatives so you get true information.:P

Rene (cba)     12 February 2011

Thanks,

also i want to know if the court sends summons only once or twice or thrice when the case in not in service

as i have recd the summons only once without the case petition

Tajobsindia (Senior Partner )     12 February 2011

@ Author

Service request is filed by the asking Party. It can be for 3 times and if other party (opposite party here that is you) do not turn up then case may get decided ex Party also. There is also a provision of Paper Adv. of Notice of Service with date / time / case no. and Court name to give opportunity to respondent and or accused ot appear before the said Court (here you are respondent probably other than other arreyed party she might have made in DV suit).


In my opinion you are unnecessarily getting confused. When you can see the Court board sitting overseas then just shoot a RTI to Court PIO and seek answers to questions all in Rs. 10/ - payment as fees. Aso I noticed you mentioning you received the Service but forgot to give the pink slip which is receiving copy of Sservice. It also means deemed service once a party receives the court Summon, I missed answering that point above. Now you confused me further by saying it is dismissed and some more questions you are asking, all these can also be answered if you know as you tell above that you have seen the Court Board etc. then send someone to the Court Ahlmad room and get the record room number of the file and do inspection of file and or ask in your RTI complete copy of such and such file. However, there is also a flip scenario, once you do inspection of file (means your representative does that) it also deems to be knowing of the case as in personal knowledge of case and in it mere non appearance is cause of furhter proceedings ex party so your que. are all too mixed up showing knowledge and lack of knowledge of the DV case in same breadth.


Concerning coming to
India when a DV case is and or was there in my opinion there is no such bar that you will be arrested at the Airport itself that you are afraid of not traveling to India. DV is a civil case more complex in hierarchy than S.125 CrPC maint. case that is all. You can travel to India under given briefs scenarios.


Also if you know there is a case in a competent court against you then it is better to face the case either with POA (power of attorney) and or via appointing a Advocate on record to get on to the grip of referred case instead of finding half answers from overseas to half questions.


All choice on the referred case is in your court now.

Rene (cba)     12 February 2011

thanks , i got some points but some confusions are there now, let list own by points so that the doubts are clear

 

 

1) i stay out of india, i got dv summons approx a year ago, the pink slip is with me , which i believe is the proof of delievery

2) i contacted a lawyer who told me that the case is not in service , what is the exact meaning of case not in service  and whats  the meaning of demeed service as you mentioned

3) the lawyer tells that there are dates comming on the board and he will not represent himself until required

4) i get a telephone call from the embassy to verify my address and i was told that i would get some letter , but i did not get any letter

5) after 8 months my lawyer tells that the case is dismissed as it was not in service(is this possible?)

 

6)can the court ask the police to find my whereabouts which inturn can be informed to the airport authorities ?

7) how can i ensure that there is no ex parte

 

adv. rajeev ( rajoo ) (practicing advocate)     12 February 2011

Once DV act case is dismissed then it can be get restored by filing criminal  Appeal in the Dist., and Sessions Court.  If the itz summons are not served on you and there is chance of dismissing this case also.

ADV Rajesh KASRIJA (ADVOCATE)     12 February 2011

R/RENE JI

I DO AGREE WITH Kushan Vyas

ADV KASRIJA RAJESH

Rene (cba)     12 February 2011

what would be the implications on me  if they  file criminal  Appeal in the Dist., and Sessions Court.?


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