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eskay (cba)     24 March 2010

can I take a break ?

what can be the probable fall out of my not appearing on The Court hearings of the False DV case against me, keeping in mind that It is already 22 continous times now I have appeared and my Counter is filed 16 hearing back,and the opposite side is left speechless. Also the opposite side is putting all pressure for Compromise now , Can I take a break, and miss a couple or if possible, more hearings ? or is there any way in which I can get permanent exemption till the trial starts (if it ever starts).
I have decided to not apply for quashing and desire that the trial court holds trial and pronounces its decree/judgement , irrespective of the time factor.
Looking for expert suggestions



Learning

 2 Replies

Alok Motan (Advocate)     25 March 2010

nope boss sorry u cant take permanent exemption untill u have very very solid reason.... as in ur case i dont think so there is any...any yes u can manage to skip a date or so....where ur counsel must appear and file ur exemption...but that too for that date only.....

i  dont knw but is sounds a bit odd that in DV Act case u manage to get 22nd date...!!! strange for me....may be not for others....however it is just a delaying tactics adopted by the complainant and the judge must consider it....which he/she is not doing i think in ur case...judge should have considered it and along with that ur behaviour as well must be considered that u have been appearing on all the dates etc...the case has to be disposed off within 6 months....i donn know on which grounds the complainant is getting adjournments........may be that the compromise talks are going on between uand ur wife and there is liklihood of  compromise....may be due to this, the judge is allowing the adjournments.....my advice to u would be..............

NOT TO SKIP ANY DATE IN COURT COZ IF U SKIP AND UR COUNSEL APPEARS ON UR BEHALF ....U MAY LATER ON DOUBT UR COUNSEL.....AND SECONDLY U CANNOT GET PERMANENT EXEMPTION WHATEVER THE CASE MAY BE UNTIL U HAVE STRONG GROUNDS.....AND PERMANENT EXEMPTION IN YOUR CASE WONT BE ALLOWED....APPEAR REGULARLY AND PROVE THAT U ARE NOT GUILTY AND NOT RUNNING AWAY......get ur case referred in mediation and sort it out....avoid further litigation..........

 

hope u got my point

 

All The Best.....

eskay (cba)     25 March 2010

Strange is the fact , More Strange is that 22 Hearings have happened in past 7 Months.


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