Complainant (wife) died during pendancy of dv case
victim
(Querist) 11 December 2015
This query is : Resolved
Wife filed a false DV case against me and my other family members in Jan'12 in the court of ACJM Saharanpur (UP) with the allegations of mental, physical, financial and sexual cruelty. In an interim, ex-party order court granted her right of residence in the shared house. She has also prayed for protection order, maintenance,restriction, injunction orders etc in the complaint. No order on other prayers was granted. I have filed my WS to the complaint in Feb'12.
Despite of the order she was not staying in her matrimonial house and always stayed with her parents. I complaint this to the court with evidences. Suddenly i got to know that in Jan'14 (after 2 years of her filing this case) she died due to illness. She was living with her parents. its almost 2 years that she is no more but court has not dismissed the case. I have filed death certificate and application for abatement. No evidence was recorded in the court. Her mother and father filed application for substitution as Legal hires and since then taking adjournments on the pretext of one or the other reason. What is the future of this case. What should i do to get this case abated as this is a share harassment.Is substitution allowed in DV case. Can this case run as all the relives sought were personal in nature? Please suggest...
Advocate Kappil Cchandna
(Expert) 12 December 2015
Sir,
Hopefully yes the case should be dismissed, but in UP I don't know what's the procedure being followed by the courts ....
Warm Regards
Kapil Chandna Advocate
9899011450
P. Venu
(Expert) 12 December 2015
In a DV case the parents of the complainant wife has no locus standi.
However, the State is bound to carry on the prosecution if there are any criminal proceedings.
SAINATH DEVALLA
(Expert) 12 December 2015
Gentleman what's Ur lawyer doing all this time? He should have pressed for dismissal of the case as the complainant is no more.UR inlaws have no right to pursue the case further.
She died 2 yrs after she separated from U,and moreover she died at her parental home.
Rajendra K Goyal
(Expert) 12 December 2015
DV case is state case and have parents have nothing to do.
Your lawyer should have preyed to the court to dismiss the case.
Isaac Gabriel
(Expert) 12 December 2015
In the given circumstances,the case cannot be pursed for want of corroborative evidences.
K.S.Srinivas
(Expert) 14 December 2015
Request your advocate to prey the court for dismissal of the case.
T. Kalaiselvan, Advocate
(Expert) 20 December 2015
This is a clear abatement.The case stands abated and her parents have no locus standi to continue to prosecute the case. You may file a petition before District court stating that the court/judge of the trial court is conducting trial in a predetermined manner especially not dismissing the case despite production of death certificate of the complainant. You may even seek transfer of this case to any other court on the same grounds.
Advise your advocate to put pressure before court on the next date of hearing.
