LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Chinese Chef (Integration Architect)     28 October 2016

Is dismissal of dv possible?

Dear experts,

   

Due to dysfunctional marraige, I've been fighting various cases since last 5 yrs or so.

  

My CrPC 125 has been recently disposed off. The opposite party had withdrawn the petition.

  

My DV is getting started now.

 

Can I request for dismissal of DV since CrPC 125 is already disposed off and she is getting monthly maintenance? The grounds are same and so is the relief.

  

What could be other grounds for non-maintainability or dismissal of DV?

  

Please advise! Thanks.



 8 Replies

Sachin (N.A)     28 October 2016

DV Act is not only about maintenaince she can pray for various relief in DV Act. If she is getting maintenaince u/s 125 CrPC. you can only oppose interim maintenaince on that ground but for other reliefs case will be continue.

Sachin (N.A)     28 October 2016

Originally posted by : Chinese Chef

What could be other grounds for non-maintainability or dismissal of DV?
 

 

There are some judgements in which it is observed that DV is not miantainable if it is filed after one year of sepration but that judgement is not bounding on other courts so you can try by using that,


(Guest)
PWDVA didn't spare the Chinese too? Lol. DV can be dismissed only if DV has not occurred. Now the scope and definition of DV is varied and vague due its vast nature. So if a judge wants can consider almost anything to be DV, through its discretionary power. It will appear to accused as if judgement is biased n only hope is going to appeal in HC. There again some judge will be sitting n if he also thinks DV has occurred, then option is going to SC. What I advice is, when your arse is stuck in DV case or any other matrimonial case, best way is to settle matter inside court and part ways via MCD. Its very tough to prove that DV hasn't occurred.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     28 October 2016

In the DV also her relief is confined to only maintenance and if she is already getting the same amount, then you can ask for dismissal of DV.

1 Like

(Guest)
^^^ To ask you can ask anything, she also u also. But courts have orders from sc to favour women more at all times. Rest discussion is waste.

(Guest)
^^^ To ask you can ask anything, she also u also. But courts have orders from sc to favour women more at all times. Rest discussion is waste.

jaig   11 November 2016

About the comment above: "PWDVA didn't spare the Chinese too? Lol". I think "Chenese Chef" is not Chinese citizen, he cooks Chinese food ! :) Anyways jokes apart...

 

I heard DV dismissal is practically impossible, though in 498a it could be. It is crimal provision more spans than CrPC125, which judge won't agree to drop. So court will likely refuse. Judge will independently orfer maintenance, only the higher amount you'll have to pay. About maintainability, AFAIK maintainability is decided by judge, fo that one need to go into merit. If DV is non-maintainable it will be dismissed and diposed in judgement, not dismissed even before it started. I don't know for sure, but seen some judgements saying unmaintenable. That means waiting till judgement.

 

I also have a similar question, is DV dismissal possible when wife moved to another city after filing DV, DV is in her hometown where only her parents are attending. Even in her allegation no instance was cited in her hometown. Can this be dismissed based on jurisdiction issue.

sai narayana   14 November 2016

You said two contradictory things.

Recently your wife withdrawn the Crpc 125 petition.

And you are already paying maintenance.

If the petition is withdrawn, what's the necessity to pay.

Please enlighten me.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query