Gagandeep Mand (Manager) 24 October 2012

Motion by a defendant in dv case for dismissal

if in a case under Domestic Violence Act 2005, wife/petitioner is not apearing from 2-3 years, and court is just grating adjounments.

Is it possible to file Motion by Defendant/Husband to dismiss the case ? If yes then what is the procedure ?

or Is there any other legal remedy available in such situation?

Thank you

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2 Replies

sibasish pattanayak (lawyer) 24 October 2012

Tarsem ji,

no need to file motion as there is no such provission for motion, but you have to file an application before the trial court for modification of earlier order on the change circumstance. in that event the court must hear you and may pass an order u/s 25(2) of DV ACT.

If the Ld. Court reject your petition in that event you must move an aplication u/s 29 of DV ACT .

if u fail again, then u have to move before the High Court u/s. 482 of Cr, P.C.

Regards,

Sibasish Pattanayak

Advocate, Kolkata.

09874854594 / 09231668664 / 09477090999.

Gagandeep Mand (Manager) 24 October 2012

Sibasish ji,

if there is no interim order.. but the case is pending from 4-5 years .. then what are the options defendent have to end the litigation. surely silence could not be the answer.

thanx