Case withdrawal - order 23 rule 1 - cpc- lawyers pls clarify

A DV case if you notice is registered under MISC CRPC code so where is the question of CPC . Although there is no punishment till a protection order is passed . Once the protection order is breached than the proceedings go under section 31 of Dv act .

why do you want to break your head if your wife wants to withdraw the case let her withdraw it and anyway she can file the same after a few months and you cant bar her from doing the same . ultimately she has to prove the allegations that she has given in her petition .

Stanley Bhai,

Thanks for response..its good to break the head now than doing it later.

Also in the DV case they asked for my documents under CPC Order 11 rule 14, now if this is allowed than CPC order 23 should also be allowed i guess. All I am trying here is to safegaurd myself from another DV case BASED ON SAME ALLEGATIONS in future by using CPC Order 23 Rule 4.

I Want distinguished Advocates here to throw some light to it.

I may be wrong..also my lawyer is not cmpetent enough or Lazy enough to deep dive this based on my previous experience..thus i am seeking help here.

Kindly advise.

@ fight for a cause 

Your counsel is ignorant of law ,its high time to change your lawyer . CPC is not appicable in a DV case which your lawyer should have put forth by way of appication . Is your wifes petition marked as CPC or CRPC could you please confirm this first i am 100 % sure that it is CRPC could you please confirm this  .State the same on your next date as below by way of an application .

1.   The contents of the application filed by the applicant are not true & correct .

2.   The application filed by the applicant is not tenable in the eyes of law .

3.   There is no procedure in Criminal Procedure court 1973 to direct the opponent to produce document except during cross examination .Hence the application is liable for rejection by this honorable court.

4.    The applicant is trying to harass the opponent by filing false and frivolous application against the opponent .

Under the circumstances the application of the applicant is devoid of any merit and hence deserves to be rejected.

Let me know the results later on :-) 

Even if your wife withdraws her DV case she can file the same again and there is no bar on it .!!

Hi Stanley,

Agree with whatever u said.

They had asked for Production of documents under Order 11 rule 14 of CPC only in DV case and my lawyer opposed the same with same remarks you made above. Judge passed the order to submit the documents in next hearing which i did.

Interestingly when i saw this misuse of law I also put production of documents on my wife under order11 rule 14 of CPC and Judge acepted that too ( karna hi tha :)  ).

So i was thinking if Judge is so liberal to consider CPC in DV case then why not use CPC to safegaurd myself..if Judge says CPC not allowed i can show Production of documents application on which he passed the order .

Also Stanley 1 more thing..will judge pass any order on my Visitation application first before disposing the case and if et all he passes any order...what will be the validity of this order after case is disposed.

Kindy advise..

It seems the judge is biased.   

Everything depends on opposition be raised to your visitation application . The judge can deny interim visitation until completion of the trial or the judge can even grant interim visitation . Also remember that he can bully you that as per DV act visitation is only for aggreived person and as per DV act aggrived person is a women even though there are several judgements where in visitation has been granted under DV act to the male respondent .. 

So its beetter to file a seperate petition  under gaurdians and wards Act and in this its 100 % fool proof .

Hi Stanley,

Thanks.

I will go for GWA for sure....but i still will try to safegaurd myself using CPC order 23.

Atmost reject kar dega..nahin kiya to its good for me.

Its been 6-7 dates after i filed my Visitation application...he allows me to meet child in court but not passing any order on same...he even told once to go to wife home to meet child when they said child is sick.

Hopefully he will pass order on visitation...he sees all Judgments and i am putting the judgments u mentioned with my application.

ORDER 23 CPC

Withdrawal of suit or abandonment of part of claim

Rule (1) At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim:

Provided that where the plaintiff is a minor or other person to whom the provisions contained in rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the claim shall be abandoned without the leave of the Court.

Rule (2) An application for leave under the proviso to sub-rule (1) shall be accompanied by an affidavit of the next friend and also, if the minor or such other person is represented by a pleader, by a certificate of the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or such other person.

1. What does Affidavit of the next friend means here.
2. Should the Affidavit not be from the plaintiff instead of next friend?
3. Who all are considered as "Next Friend "

Experts Please help with above query.