Abhi_Mechanical (Mechanical Engineer) 20 December 2015

Evidences not filed since last month by applicant in dv case

Hi Experts,

My wife filed DV case on us one and half year back. After six month, court denied her interim maintenance because she is working and earning 45,000/- INR per month. She appealed in session court to get interim maintenance. Since last eight month, she is appearing court where she filed DV court and asking for next date. She haven't filed evidences since last eight month. Magistrate give next date every time. I asked my advocate then he told me that we can't do anything. Please let me know is their any provision where we can enforce magistrate to disclose this case because evidence not filed since last eight month.

Please let me know details of IPC section where mentioned if applicant not filed evidence more than eight month, then magistrate can disclose this case. We are appearing since last eight and nothing is happening. Just we are appearing inside court and getting next date for hearing. Court is around 200 Kms away from my home town. Please let me know what to do in such situation. Even my wife appealed in session court which got denied three time as she is working. Still she is giving argument in session court. I haven't received any notice/summons yet to appear inside session court because admission denied by session court. I got this information from court website. Please let me know whether is it necessary to appear inside session court or not without summons or notice?..

My queries :-

a. What to do if applicant not filed evidence more than eight month and taking next date on every hearing?..
b. May I need to appeared in session court for appeal without notice/summons receive from session court?..

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2 Replies

Abhi_Mechanical (Mechanical Engineer) 20 December 2015

Hi TGK,

I didn't understand meaning of cost. What should I do if applicant is not filling evidences since last eight months and taking date on every hearing.

Abhi_Mechanical (Mechanical Engineer) 21 December 2015

Thanks for your response.

We have given application to the judge to dismiss this case. But her advocate gave excuse as applicant is not feeling well and we will require next date to file evidence.
Every time applicant is taking next date and magistrate is giving without listing our argument. I want to know under which section I can enforce magistrate to dismiss this case.

I want law section details where section says that court needs to dismiss case and stop harassment of respondents.

Please share law section where this is mentioned. So according to that we will enforce to magistrate that according this section please dismiss DV case.