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FightForCause (Businessman)     23 April 2014

Wife abroad-case dragging

Hi All,

DV against me and running from last 1 year.

Wife out of India from last 5 months and will not come for more 5 months.

How can court allow this type of behaviour of complainant.

She did not informed court b4 leaving.

Matter is in Interim maintenance stage, Judge tells she is not needed till evidence stage?..is that correct or Judge being partial.

How can i use her absence in my favour....either sometimes their advocate is absent or he takes adjournment for some reason. Also court ordered them to produce some salary related documents but they are not submitting the same from last 4-5 hearings though i have submitted mine.

Shall i tell court to dismiss the Interim application on breach of orders. Judge tells he will dismiss but gives next date each time.

 

Kindly provide me solution for this



Learning

 4 Replies

Adv k . mahesh (advocate)     23 April 2014

if you can produce any document or any evidence that she is out country and all the allegations are wrong and make stress from your lawyer to dismiss the case because the petitioner i think is working then interim maintenance will not be granted and about dv this proof should work out 

dv (ghvhb)     23 April 2014

I am not a lawyer but in my case same thing is happening where they are not submitting reply and proofs and my lawyer has called for striking off her evidence after a wrtitten application g8v8ng them a final chance to file evidence

Sudhir Kumar, Advocate (Advocate)     23 April 2014

it is accused who has to be present on all dates and not the complainant.

 

Judge is correct she is needed only at evidence stage.

FightForCause (Businessman)     26 April 2014

Thanks,

But they are not submitting the salary documents from alst many dates and this i believe is a contempt of court. Court has given written order to them to produce salary documents.

So question here is:

Should i go for dismissal of Interim Application or file Contempt of Court application under Contempt of Court act 1971 u/s 2 and 12

Judge is too linient and dragging the case himself giving so many chances to other party inspite of their wrong doings....i think its time for me also to complain to Principal Judge. Kindly suggest.


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