Dismissal of dv case and 498-a
Ajay Sharma
(Querist) 01 November 2013
This query is : Resolved
Hi Expert
My wife filled 498A and DV case against me and my parents this the third continous time in DV case that she did n't appear in the court even there is no representative also also appered from her side, My lawyer has plea to court for the dismissal of DV case on defualt.
I would like to know few things:
1. what to do if court rejects our plea.
2. If the DV case is dismissed can it will be apply to 498-A also means based on the DV case default can 498a case also be dismissed.
3. Can she reopen the DV case after the dismissal on defauilt
Devajyoti Barman
(Expert) 01 November 2013
1. Go to higher court. Generally after 2-3 days of non attendance the case gets dismissed for default.
2.No, not at all.
3.Yes by way of fresh case.
Ajay Sharma
(Querist) 01 November 2013
Hi Barman
If she can reopen the DV case by way of fresh case than I think it's waste to appeal in high court for dismissal.
Devajyoti Barman
(Expert) 01 November 2013
not not allow to get fruit so easily.
You have to put up fight at every possible step.
ajay sethi
(Expert) 01 November 2013
generally if complainant and her lawyer is absent for 3 consecutive dates court will dismiss the case for default .
498A case is separate issue it wont be dismissed merely because DV case has been dismissed
