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srk (Service)     19 January 2016

Dvc dismissed

Hi Experts, 

Thanks a lot for all your suggestions in my earlier queries, I truly appretiate you time and effort to answer queries posted by people like us.

After 3 and 1/2 years DVC filed on me and my parents has been dismissed, find below the order.

"Petitioner called absent. Norepresentation even today though the cases is posted for dismissal, It appears that the petiotioner has no interest to proceed with the case. Hence, the DVC is Dismissed for non Prosecution."

Can she file the case once again or appeal the decision? i know she doesnt live in India as of now.

Can i use this judgement in 498a, 3,4,6 of DP, 420 and 406 cases that are still pending againt me? Though dismissed for non Prosecution, this shows her intention to file cases to harrass and abandon them later.

Thanks 

Srk



Learning

 7 Replies

Sidharth   20 January 2016

Dear srk,

There is difference between DVC and 498a, 406, DP 3, 4, 6 420.

DVC is complaint case between you and complainant. 

But other one is between you and state.

So, you need to file quash petition u/s 482crpc in high court. 

Best of Luck

1 Like

srk (Service)     20 January 2016

Thanks Sidharth for your quick reply,

I tried the quash earlier in High court for 498a, DP 3 and 4 but it was dismissed. can i file a defamation case regards to the DVC case, just that i want to put pressure on the other party to get this matter settled, people wouldnt suggest an innocent to go for a settlement but end of the day its buying mental peace or go around the court and fight the case till the end and waste precious time.

Thanks and regards

SRK

 

Sidharth   20 January 2016

What is current status of your 498a case.?

I mean your Mrs 498a statement, her family members statement cross examination etc.

What is status of your divorce case?

1 Like

srk (Service)     20 January 2016

No further than NBW's being issued on me in the last 15 dates for 498a, 3, 4 and 6 DP.

for 420, 406 & 34 IPC case was split 2 month ago, seperate trial for me and my parents as i am not attending the trial, cross examination going on in my parents case, NBW issue againt me in my trial.

Divorce not yet filed in India, got divorce in US

Reformist !!! (Other)     04 February 2016

DV Case can be opened again if she files for restoration of case in Sessions court. Need not to worry as it is not in your hands. So enjoy dear..

srk (Service)     04 February 2016

Thanks Reformist, 

Am I at the mercy of my ex now, she can file DV when ever she wants harass us by not attending it and later get it open again and continue the harrassment? isnt there a limitation of 1 year for the DV case.

Srk

Reformist !!! (Other)     07 February 2016

SRK,

This is the irony of indian law and dv act which has been drafted very vaguely. Recently one of the lower court granted maintenance under dv act after seperation of 50 years to the 'aggreived person'. So you can understand that limitation do not work.

Anyways there are some judgments from HC which states there is a limitation of 1 year or so and it depends on your judge how he/she takes your objections. Best of Luck !

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