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rajendra (na)     23 July 2014

Can dv case withdraw possible without informing

Hi,

DVC is going on me and Trial not yet started...counter filed by me last week...

Is it possible for the opposite party to withdraw the dvc case without informing me/my family?

will the judge allow this?

What if we are not okay for settlement still complainant can withdraw?

Thanks



 7 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     23 July 2014

Dear,

 

If they will be interested in withdrawing the same, then what is better than that for you. I think, they can withdraw the case and the court will inform you the same.

Advocate Kapil Chandna

9899011450

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 July 2014

Yes, it is possible to withdraw the DV case without informing the Respondents.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 July 2014

the party who filed the case has right to withdraw the complaint at any time with the permission of court. there is no need to informed you.

rajendra (na)     24 July 2014

Thanks for all your answers!!!!!!!!!!

I have not filed 205 petition...

I have filed Quash in AP HC but no stay order till now...but the judge in lower court said no need of other respondants to attend in this and whenever the court call other respondants ..you may need to attend..

is it mandatory to attend every hearing for R1 in DVC?Last time when i went to the court lady judge looked at R1 said u need to attend every hearing.I am surprised with her decision...

What is the best way to handle this?my lawyer is filing absent petition till now(4 times) he filed..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 July 2014

It is the discretion of the court to allow exemption or not.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 July 2014

Dear Querist

DV case is civil case and nothing more, the respondents may appear before court through their counsel and only may appear before court when the court passed an order in writing to appear before the court personally otherwise it is depend on the Respondent to appear personally or through counsel.

T. Kalaiselvan, Advocate (Advocate)     26 July 2014

Be it a DV case or any case, once taken on file by a court, the petitioner/plaintiff has to file a memo seeking permission of the court to withdraw the same and as a courtesy, the court will ask the opposite party to furnish its comments (whether they have any objection to this, if so why), therefore the court will certainly communicate before permitting withdrawal.  Since the DV case is being conducted by magistrate court, the procedural aspect it of criminal in nature hence the appearance of R! is essential.  About permitting the absence is discretion of the presiding judicial officer.  Since the petitioner is likely to withdraw the case, you may withdraw the quash petition before the high court,even otherwise, you can challenge the case in the trial court on merits.


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