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R. K. Singh (Business)     23 September 2018

Status of appeals after dismissal of main plaint in default

Hello all the estemmed members

the (k)nife filed DV case (along with others) against all family members and interim maintenance was passed in her favour. Perjury was filed. Appeal was filed against interim maintenance order which was stayed by appeal court. She filed counter appeal. Now it was time for her evidence in trial but she did not file examination in chief and also did not appear and main case was dismissed for non attendance. Now what happens to appeals filed by husband? and by her? How to use this strategically? How to record the harassment faced by husband and his family members. Any criminal case possible for abuse of law. Thanks



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 8 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     23 September 2018

When original case was dismissed for non-appearance, the connecting appeals will also get dismissed. But appellate court should be informed about the dismissal of original case.

R. K. Singh (Business)     23 September 2018

Originally posted by : Samarpan (M)9599874404
When original case was dismissed for non-appearance, the connecting appeals will also get dismissed. But appellate court should be informed about the dismissal of original case.

Thanks for your reply sir. The interim maintenance was granted by trial court and against which husband's appeal is pending (wife also filed appeal against that order).

The main petition was filed by wife and was dismissed due to her non apperance. In such a scenario the appeal filed by husband need to be allowed.

How to record the harassment faced by husband and his family members. Any criminal case possible for abuse of law and for wasting precious time of courts where lakhs and crores of cases of needly people are pending due to time constraints.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2018

In continuance of advice of Samarpan, I further add that instead of wasting time and energy on filing further litigation, you should feel sigh of relief though petition seeking monetary compensation for malicious prosecution could have been filed had DV case would have been decided on merits.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2018

When main petition stands dismissed, all interim orders whether appealed or not, also go for ever so both appeals shall get dismissed as have become infructuous.

R. K. Singh (Business)     23 September 2018

thanks for the advice sir what happens to the interim maintenance amount for the inetervening period the interim maintenance order was stayed by appeal court

how to record the harassment faced by husband and his family members. Any criminal case possible for abuse of law and for wasting precious time of courts where lakhs and crores of cases of needly people are pending due to time constraints. It is surprising that someone can harass other person with serious charges on his character and suddenly stops attending her own case because she does not have evidence and there is no remedy for harassment faced and defamation even though it was limited to knowledge of courts and advocates

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2018

Unfortunately the legal system of India is lacking various remedies in such situation. It is advised not to start a new series of litigation which further require a lot of burden of money, time and energy including harassment.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2018

Unfortunately the legal system of India is lacking various remedies in such situation. It is advised not to start a new series of litigation which further require a lot of burden of money, time and energy including harassment.

R. K. Singh (Business)     23 September 2018

thankyou sirs

Husband wants to start litigation. He wants to prove the truth in court of law. He has been suffering for years due to false cases filed by wife.

She misused the process of court, abused the law, wasted precious time of courts, harassed husband and his family. Financial loss is only one thing - what about loss of sleep, health, time, efforts, embarassment, etc.? There has to be something to punish such law abuse. 


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