D V K KUMAR 13 October 2017

Complainant withdraw her dv case and seciton 31 case

Dear Experts,

wife filed an DV act case against husband, father-in-law, Sister-in-law in 2011, afterwards section 31 case got registered against husband in 2013. Afterwards husband collect evidence through RTI about employment of wife for previous five years and asked the court to cancell her Interim maintainence @ Rs. 7000 per month by means of filling an application u/s 25(2) of DV Act-2005 along with face book evidences, as well. Wife never replyed that application for 8 month, now she appeared before court and filled an applicaiton for withdrawing DV and Section 31 case. Court allowed both and dismised both case pending agaisnt husband and his relatives.

Now my question are as follows :

1). Whether the court has the right to dismiss the wife petition, when evidence on record showed that wife was/is willfully employed and drew interim maintenance award over false avertments for pending 6 years?

2). Whethere court has to provide compensation to the respondent ? If, yes on which seciton and for what amount ? If, no why?

3). By which section respondent husband and his relatives can get compensation from wife? as they have to travel from other state for hearing dates for SIX years which costs precious time, money, harrastments to husband and his relatives.

Please reply urgently.

DVK

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4 Replies

Siddharth Srivastava (Advocate) 13 October 2017

1.yes.file necessary application for modification of order granting maintenance to her and also file case for misrepresentation in court etc. 2. Court may direct wife to refund the received money. 3. In which court case is pending means magistrate, DJ or high court.

D V K KUMAR 13 October 2017

Sir, Thanks for the reply.

The case is disposed by the Magistrate court (JMFC) on 11-10-2017 itself after moving an urgency application along with withdrawl application by wife (applicant), whereas, fixed date of hearing is on 13-10-2017. The copy of urgency application was not given to husband advocate, he has no knowledge about disposal of case. when husband advocate appeared before JFMC today itself, the hon'ble court told the advocate of husband that case was dismissed as withdrawn on 11-10-2017. It is strange that husband application u/s 25(2) DV act were pending for last 09 month but still Magistrate court pass an order on Urgency application along with withdrawl applicaiton move by wife.

Sir, since the case was disposed of on 11-10-2017 can husband approache for compensation? if yes please guide properly. If husband wants to re-open the case what to do?

Best Regards,

DVK