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Can a DV case get dismissed ?

Page no : 2

VictimOfBiasLaw (Professional)     12 February 2011

how it possible that if opposite party doesn't accept summons than court dismiss the case ?

is this is ground for dismissal of case ?

VictimOfBiasLaw (Professional)     12 February 2011

what is best strategy in DV case u/s 18,19,20,22

don't accept the summons and remian abroad  ?


remain out of india and ur lawyer represent u in court an dfight the case? 


ADV Rajesh KASRIJA (ADVOCATE)     12 February 2011

when u recvd sumons court further action adopted

court may exparty or order for publication or RC or drump beet in locailty but ur out of india then court may send u summons through indian ambassy

Rene (cba)     12 February 2011

Dear Mr.Rajesh

I agree with you , but i did get a call from the embassy , but did not get any summons after that

N.K.Assumi (Advocate)     12 February 2011

here are some tips to fight back DVA: It is said that offense is the best defense. File a case under Cr.P.C. 227 stating that the 498a case filled by your wife is false. If you have enough proofs, or if she does not have enough proof to substantiate the charges, ask the judge to just dismiss the 498A case as it is a framed one. To make your case stronger and to expect an earlier settlement file counter cases against her to give her a taste of her own venom. Below is a list of counter cases. 32, 120B, 167 (investigation cannot be completed in 24 hours), 182 (offenses committed by letters), 191 (transfer on application of the accused), 197 (prosecution of judges and public servants), 199 (defamation), 200 (examination of complainant), 201 (Magistrate not competent), 204, 209 (triable exclusively by Court of Session), 211, 249 (absence of complainant), 250 (compensation for accusation), 306, 321 (withdrawl from prosecution), 323 (commit to Session Court), 355, 378, 379, 384 (summary dismissal of appeal), 392 (judge of Court of Appeal are equally divided), 406 (criminal breach of trust), 420, 467 (period of limitation), 471, 497 (adultery), 499, 500 (defamation), 504 (insult with intent to provoke a breach of peace), 506 (criminal intimidation), RCR Damage recovery case u/s 9 of CPC (law of torts): If she breaks into your home, creates a scene, and goes to " protection officer " and lies that you abused her "physically, emotionally or economically", file a damage recovery case u/s 19 of CPC against her. Legally, you must issue notice on the same day or next day. The suit will continue for long time. It has no risk. Also u/s 19 of CPC (law of torts), claim damages for loss of consortium.

rajarajeshwari (advocate)     13 February 2011


     I feel D V case could have been dismissed for non prosecution.Any summons out of India has to be sent through proper channel that is through Indian embassy.If your are receiving summons directely you can challenge the same on the ground that the summons sent is bad by law. even otherwise I find diffult to help you without knowing where you are, Since  each country have their treaties regarding this issue with other country which is called mutal legal treaty.Dont be neglegent ask somebody to fallow up the case. Please dont  make hasty decision to came to India unless you confirm that their is no red corner notice or look out notice issued on you. if any criminal case pending your passport can be impounded.

all the best



Vijayan Balakrishnan (Junior Works Manager Vigilance & Confidential Office)     23 November 2012

Please go to this site https://indiancourts.nic.in/content.htm to know the current status of your case.

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