I have received RCR exparty order. But wife continue DVCase. I want to close the DVCase. My advocate asked ruling or citation to close DVCase aginst RCR degree.
Kindly advice me what is the procedure to close the DVCase against RCR Degree.
Kaatu Poochi (Kaatu Poochi&Co) 23 December 2014
I have received RCR exparty order. But wife continue DVCase. I want to close the DVCase. My advocate asked ruling or citation to close DVCase aginst RCR degree.
Kindly advice me what is the procedure to close the DVCase against RCR Degree.
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 01 January 2015
Happy New Year 2015.
DV may not be closed based on RCR decree.
Because, the dismissal of RCR has no such adverse impact on your existing dispute.
However, you can prove her willful desertion without any valid reason, hence she in not eligible for any maintenance under DV.
Please apply for Quashing with Speedy Proceeding (i.e. pray of quashing first, in not granted then pray for speedy trial and make time frame of 6 months) in High Court and dispose of DV on merit.
Your submission in HC will be recorded in HC order and later it will be a strong evidence during DV proceedings (if not quashed).
Please read each of my posts carefully in the following links for sample petitions and other necessary clues.
https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg
https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg
https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1
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