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Navkar Jain   29 February 2024

Judgement for dismissal

Wife has filed a Domestic Violence Complaint under PWDVA but she has not been appearing since 4-5 hearing and the Respondent has been present on each date.

Is there any Judgment where the court has dismissed a DV petition on Non appearance of COMPLAINANT


 7 Replies

T. Kalaiselvan, Advocate (Advocate)     01 March 2024

Mere non appearance for few hearings cannot be a reason for dismissal 

Shashi Dhara   01 March 2024

If she continuosly absent, not interest the court may dismiss it.

Navkar Jain   01 March 2024

i am for Respondent, so what remedy do we have.

Kartikey Tiwari   02 March 2024

S.K.Dharmesh vs. S.Mumtaz ([2023] 2 SCC 82) - The court reiterated that a DV complaint can be dismissed if the complainant's evidence is already recorded, their attendance is unnecessary, or if there's non-appearance or lack of interest.

T. Kalaiselvan, Advocate (Advocate)     02 March 2024

It is general procedure that the court will dismiss the case if the prosecution do not show any interest in prosecuting the case despite given maximum opportunities.


In that situation you can rely upon your advocate and instruct him to put pressure on court.

anjali tamrkar   05 March 2024

Answer to the query 
In the case of Asha Latha A.S vs  Deputy commissioner of police 
The Judgment of the Court was delivered by P.N Ravindran, J.:- The petitioner is the wife of the fifth respondent. The Marriage between them was solemnized on 19.8.2004 In the said marriage a son Gokul Krishna who is presently studying in the 5th standard was born. Later, the parties fell out. The petitioner thereupon instituted before the Family Court, Thiruvananthapuram praying for return of gold ornaments and money and  before the Court of the Judicial Magistrate of the First Class II, Thiruvananthapuram under Section 12 of the Protection of  Women from Domestic Violence Act, 2015. M.C No. 71 of 2014 was dismissed for default for the reason that the petitioner could not appear in person. The matter is now pending in appeal before the Court of Session Thiruvananthapuram .

1 Like

Pradipta Nath (Advocate)     05 March 2024

If the aggrieved person or her advocate have not taken any steps, normally the court issue show cause notice and in the next hearing if the aggrieved person has not reply to the show cause of the court, the court dismiss the case on default. You can file a petition regarding this.

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