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shalu704 (service)     04 July 2014

Dv case person not appearing

Hi ,

I ahve filed the DV case. The husband is in US. the court ordered him to appear in person. But he is not coming. Instead he is sending  his lawyer..he is still in US.. I came to know through freiends that he will be sending his lawyer and the lawyer will appeal for dismissing the DV.

What are my options?

 

My court date is tomorrow.

 

Can we requst the court to order for his in person presence again?

 

please advice..

 

Thanks



Learning

 15 Replies

stanley (Freedom)     04 July 2014

When you are not even staying togather what is the essence of filing a Dv case how are you going to prove the false allegations :-) . Your husband can seek exemption from court appearance through his lawyer and only when required by the court he would be called for .

you dont have any options but only one option that is to prove the allegations .

Ranee....... (NA)     04 July 2014

How did you know allegations are false, Stanley? :-D

Ranee....... (NA)     04 July 2014

How did you know allegations are false, Stanley? :-D

stanley (Freedom)     04 July 2014

Jhansi Ki Ranee .

 

The author of this post rather than contesting her case is bound with vengnence to make her husband stand for the trial in court :-)  . Now how can domestic violence take place when wife is in india and husband is in USA . 

1 Like

fighting back (exec)     04 July 2014

rightly said by stanley, when domestic relationship itself is non existent, then where is the question of domestic voilence?

**Victim** (job)     05 July 2014

Originally posted by : Ranee.......
How did you know allegations are false, Stanley? :-D

 

what makes you think that the case is genuine ?

Adv k . mahesh (advocate)     05 July 2014

assume that domestic violence occurred when her husband is in india and she filed a case against that harassment and in mean while her husband left to US and court is sending notices 

here wife has kept some allegations and husband has to prove that he is innocent 

make your lawyer to press for his personal appearance again and again 

stanley (Freedom)     14 July 2014

@ Mahesh . 

1. Law is not based upon my or your assumptions but with evidence . 

2. The Onus is on the petitioner / complaint   to prove the allegations along with evidence against the respondent . 

3. The respondent can seek exemption from court appearance in a DV case .

4. And may we have your attention as to how domestic violence can be proved inside four walls of the bedroom where nobody is present and in the absence of any medical report:-) .

Adv k . mahesh (advocate)     14 July 2014

You are very fast and very accurate to answer after 9 days of replying
and this itself proves your reply is correct or wrong Mr Stanley

stanley (Freedom)     14 July 2014

@ Mahesh 

I accessed this site today after 9 days and hence saw your reply today and stated my view .

 

Adv k . mahesh (advocate)     14 July 2014

Mr Stanley

in her query she never said that she is not having any evidences nor she never said she is having any evidence without her query complete you have started blaming her as false query

everything will be inside the four walls and if anyone without any proof blames another person then it is the opposite person has to prove his innocence to come out of that blame  and she may have evidence to prove her domestic violence by her husband

Adv k . mahesh (advocate)     14 July 2014

in some cases then and there you have to give decisions and if you say that any excuses then no use Mr Stanley

Adv k . mahesh (advocate)     14 July 2014

as your lawyer know the case details ask him how he will proceed further as you may have shown him the evidences

stanley (Freedom)     14 July 2014

Originally posted by : k . mahesh

as your lawyer know the case details ask him how he will proceed further as you may have shown him the evidences

Good reply Mahesh to the author of this post .Like i stated earlier the author of this post is hell bent on wanting her hubby to be present during each and every hearing  which is nothing but vengenance hence i stated my view as being false allegations in the absence of any evidence wether you state her query is complete or incomplete   . The author of this post should rather carry on with the trial rather than dragging her hubby to present his personnel appearance and prove her case and seek her reliefs.There is a provision in law for exemption of personal appearance and it is not binding to be present except when called for .Even you too have stated that she should press and press for his personal appearance when he is not even in india isnt that harassment :-).

 

 

The author of this post has neither stated what reliefs she wants u/s 18,19,20,21,22 of the DV act .


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