Divorce case withdrawal by wife
Guest
(Querist) 04 December 2014
This query is : Resolved
Respected Experts,
My Wife before filing the False DV Case, I saw in e-court few days back that she also filed Divorce Suit. Now today I got update through the portal that Decision is "Disposed- Uncontested-Otherwise". I do not have any knowledge on this before I went to the web portal. Filing date was 2-12-11 and decision date is 29-08-12.
She filed maintanence in May-2012 and DVA suit in June-2012.
I failed to understand what does Uncontested-Otherwise means. Does it mean that she has withdrawn the case. Also not sure the reason
In which section of IPC/CRPC can I put up the matter in the trial court/session court that she filed and withdrawn voluntarily to harass us through filing a frivolous false domestic violence lawsuit.
I am expecting Stay on all proceedings against ex-parte judgment through and appeal U/S 29 of DVA.
Please guide.
Many Thanks
Suman
Devajyoti Barman
(Expert) 05 December 2014
Did you not get notice of this case earlier?
If yes, then you should have contested this case.
The case has now been decide ex-parte means one sided order is passed.
Now immediately apply for certified copy of the order and prefer an appeal.
ajay sethi
(Expert) 05 December 2014
your wife has obtained divorce as you did not contest divorce proceedings . obtain certified copy of order and file an appeal if you had not been served with the divorce petition
Guest
(Querist) 05 December 2014
Dear Experts,
Thank you for your valuable replies. But honestly I did no know 'NOTHING' of the above matrimonial suit until I log into internet 3/4 days back and came to know from esteemed e-court services. I was never served with any summon related to this case number. This is a surprise to me.
I don't think she has obtained a divorce decree and she might have withdrawn the application on Aug'2012 after she got interim ex-parte order in false Domestic Violence Case. She thought better to harass us and claim huge money, property etc under DV act sections/sub-sections. This is the scenario.
I have filed an RTI yesterday to CPC to know the exact status of my queries.
She has not even revealed that she opted Divorce in the DVA previous litigation sheets and suppressed the fact.
Now that what can be the favorable ground against the DVA Appeal hearing which is scheduled shortly in Session Court against all the ex-parte DV orders to set aside. Can lawyers tell court that she has suppressed the facts while making allegations in DV case.
Please guide.
Many Thanks
Suman
ajay sethi
(Expert) 05 December 2014
take certified copy of order passed by court in divorce proceedings . you will come to know all the details .
only after you know the complete facts make any submissions in court in the appeal proceedings
T. Kalaiselvan, Advocate
(Expert) 09 December 2014
By just browsing the internet you cannot find the case details until you have case number or other details. Even if it is taken for granted, what prompted you suddenly now to gather the details without any base. If you were concentrating on DV case how did you have this vague idea about divorce case. From the contents it can be seen that she has filed divorce case against you and had obtained an exparte divorce from you due to your non appearance despite being served with summons.
It appears you know the details very well from the beginning but pretend to be too innocent while posting this query seeking clarification to suit your taste.
You may clarify further and all details from your advocate.
Guest
(Querist) 10 December 2014
Dear Learned Members,
I think previous post from Advocate T Kalaiselvan is not the reply I am looking for. It may apparently look that I am pretending to be too innocent but the fact is otherwise and not correct.
I think one should read the actual facts before passing any comments.
Though I am asking for help, as correctly suggested by Mr. Sethi, yes I may get the details by obtaining certified copies hence an RTI to HC-CPC or Session Public Information Officer is already requested to supply details as per RTI Act Best Practices which is pending.
Internet is of vast use especially for people/mass know details if useful informations on case status are available in ICT enabled Services as facilitated by Central Govt in recent times. Yes this is the ONLY means which I came to know the sudden facts of Matrimonial Suit.
Hence there is no point on seeking clarification to suit my taste.
No Summon/No Notice ever against Divorce and surprisingly in case hearing date what I feel that divorce decree has not been obtained. Even if that was obtained then court should have sent me the order copy to the respondent which is not in this case.
Further to this please be appraised that I have got interim stay in all DV proceedings which was appealed in session court.
Sincere apologies if my comments are represented otherwise.
Thanks
Suman
