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Ananda   13 April 2021

Domestic violence case notice not served

Dear Experts,

False DV case filed against the guy  and Notice sent several times but NOT served as the guy and family have shifted to another state. 

Guy learnt through sources that  interim/expartee demand of maintenance was rejected  and case status is "Notice" for past several hearings.

Second, there is no marriage/domestic living together as the marriage itself was cancelled by girl's side (but engagement was done with proper rituals and invitation cards printed).

Is it advisable to voluntarily attend the case and fight it or wait for Notice, Notice can't be served as there is no body at the residence.

The girl has given wrong employment information about the guy, and she knows well that he is jobless. How long would court try to serve notice, prima facie it has formed an opinion that no domestic volence has happened and hence rejected her plea for interim maintnance. The guy's worry is that if he attends the court, he has to attend fully and prove that marriage edid not happen etc., for which he has to spend time as well as money and he is currently looking for a good job. So if he does not attend and court proceeds, logically they should not award anything as prima facie based on her statements/evidence court already feels it is a false case and that can't be changed or reversed. SO guy wants to play it safe.

Any suggestions would be helpful.



Learning

 2 Replies

Sanjay Narayandas (Advocate)     18 April 2021

Hey,

as such just because you are not present in the address won't deter them from proceeding in the case. The court can also order a newspaper publication for service of notice and then proceed with case. 

Ananda   20 April 2021

Thank you sir, if they proceed witht the case the chances of court 'changing its mind' in favor of the petitioner (supposed wife) should be less as nothing new can be brought up (all facts/documents must already have been submitted by petitioner while praying for expartee). Does this sound logical or wishful? Based on expert opinion, guy may voluntarily go or wait for exparte and then take next steps.

Thanks,
Ananda


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