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Chinese Chef (Integration Architect)     02 November 2016

Prima facie dismissal of DV?

Dear experts,

     

I've 498a and DV on me. Allegations in these two cases are exactly same. I've filed for discharge in 498a...

     

What I want to know if I can file for dismissal of DV on the same grounds? Basically, proving no domestic violence prima facie. And, if this is possible, under what section should the application be filed? Please be noted that my CrPC 125 has already been disposed off with final maintenace been granted.

     

At this point of time, I don't want to take the recourse of High Court and want to have this dismissed in trial court. I might fail but I want to file such an application and need some pointers.

       

Please help!

 

Thanks.

 



 4 Replies


(Guest)
There is no section under PWDVA for dismissing DV complaint. If you have not done DV as defined in the act, you can argue so and ask honourable court to dismiss the complaint. This needs to be discussed with engaging services of a advocate in person. Not online. To guide further u haven't put entire story here.

jaig   15 December 2016

Prima facie dismissal of the entire DV case itself does not happen, but I think you should insist of dismissing interim order based on prima facie evidence or argument.

I have seen some judgements where entire petition and maintenance (including interim) is rejected if there is very strong evidence to show that the story is completely different - e.g. wife happy with husband but implicated only for money (very hard at initial stage dont assume you'll be lucky), wife implicated in-laws for property, or wife had mental illness / schizophrenia. Other than that most cases are taken as face value.. judge does not go deep before ordering interim... just "preponderence of probability"

 

What can help here is if wife working and earning well, or (maybe help, but not always) she is well-capable to earn yet not working on her will

 

Arjun   04 January 2017

@ Jaig


I have seen some judgements where entire petition and maintenance (including interim) is rejected if there is very strong evidence to show that the story is completely different 

Hi Sir, Can you please post those judgements. It will help for me in my case.

Thanks in advance,

Arjun


(Guest)
Originally posted by : Chinese Chef
Dear experts,

     

I've 498a and DV on me. Allegations in these two cases are exactly same. I've filed for discharge in 498a...

     

What I want to know if I can file for dismissal of DV on the same grounds? Basically, proving no domestic violence prima facie. And, if this is possible, under what section should the application be filed? Please be noted that my CrPC 125 has already been disposed off with final maintenace been granted.

     

At this point of time, I don't want to take the recourse of High Court and want to have this dismissed in trial court. I might fail but I want to file such an application and need some pointers.

       

Please help!

 

Thanks.

 

Your story has no much juice to give you any pointers as of now.  Come out with more details..

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