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Moti si asha (Nothing)     15 April 2015

My wife is not showing up for dv case.

My wife is not showing up for DV case. While the time of evidence she has submitted an letter seeking judge to adjourn the case for 8 months as she is mentally unwell and needs rest and going abroad to her sisters house. I have put a dismissal petition and judged ordered dismissal of the letter. Since then the judge is giving adjournments and now it is more than 4 adjournments and my DV is not dismissed by Judge. 

Judge is asking for some citations which states dismissal of DV while the petitioner is absent for DV during evidence and arguments.

Both Petitioner & petitioners counsel are continuously  absent for about 6 times by now.

Pl help with related judgement favoring my case

thanking you



Learning

 3 Replies

deepak   16 April 2015

What your lawyer is doing then?

File a writ in High Court.

SAINATH DEVALLA (LEGAL CONSULTANT)     16 April 2015

Delhi High Court:- Delaying tactics by Wife in Divorce case liable for FINE. Rs. 50,000/- imposed as fine.

Misplaced sympathy in favour of any of the parties results in injustice to the other party. The courts have the solemn duty to maintain a judicial balance. We must deprecate such irresponsible approach of Courts granting numerous and unnecessary adjournments in the strongest terms. The frequent grant of unnecessary adjournments has come in for very serious public criticism. It is not surprising that frequent adjournments are unnecessarily sought, but what is surprising is that Courts generously grant such adjournments, regardless of the fact that it results in delayed disposal of cases, involves loss of public time, increases the financial burden of the litigants, and tarnishes the image of the judiciary. It is high time Courts stop granting unnecessary adjournments. The High Courts must take serious note of adjournments freely granted, even if unnecessary, and as a follow up action call upon the judicial officers concerned, in appropriate cases, to justify the numerous and unnecessary adjournments granted.?

It is noteworthy that on her ground of illness while she sought adjournments, she did not move an application that she be examined on commission. Her plea that she was not in a position to come to the Court because she had urinary problem had been rightly disbelieved by Trial Court. The Trial Court also rightly struck off her defence on the ground that she was unwilling to appear in Court and unwilling to lead evidence.

19. I find that this petition is a frivolous petition and is liable to be dismissed with exemplary costs. The petition is dismissed with costs of Rs.50,000/-.

T. Kalaiselvan, Advocate (Advocate)     24 April 2015

You dont require a judgement to decide about such cases. If the petitioner fails to prosecute, the court may dismiss the petition.  It is the proposition of law.  Ask your advocate to press the same before the court.


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