Quashing d.v. case
kalpesh
(Querist) 18 June 2015
This query is : Resolved
Respected sir !me and my wife living separately from 2007.my wife filed a case against me in 2007 using section 23 of domestic violence.in 2008 i was ordered to pay interim amount that i paid.In 2011 she presented 125 crpc petition and an interim order was also passed in family court.family court amount was higher than d.v. court order so i started paying as per family court order since 2012 and till today.Both d.v. and 125 case have crossed the stage of interim and now waiting for final judgement.In case of d.v. my wife also requested court by an application of residence facility but it was rejected by court in 02-06-2015.Now i am thinking that the main matter is pending before both D.V. and family court is MAINTANANCE .the family court is upper court than my d.v. case trial court.Can i try to quash D.V. case because now no meaning of it.family court can also solve the maintainance matter.How can i quash d.v. case and which section pls guide.
Nadeem Qureshi
(Expert) 18 June 2015
if there is any strong proof against her regarding the case, that the case is false then only you may file a quashing petition before High Court otherwise there will be no fruitful result for filing quashing petition.
Rajendra K Goyal
(Expert) 18 June 2015
Without strong grounds quashing of the case may not succeed, better proceed with the case on merits.
