Dvc quash in highcourt

No, this is not a reason or ground for quashing the DV case that at this stage when the trial has begun.

If you know that the case is not maintainable then why don't you challenge the same on merits before trial court itself.

What is the purpose and prayer for approaching High Court ? What is the opinion and advise of your tutor / coach / professor ? 

Thank you Sir for the response. Appreciate your timely reply. The reason & purpose of my relative going to high court is his Wife has knowingly suppressed receiving the  Permanently alimony before Hon'ble court via DD in another Execution petition and also suppressed previous DVC case filed dismissed before divorce and instead launched fresh DVC case on my relative with new content after Divorce which is not maintainable. 

New DVC is ongoing for more than 2 years in Trial and my relative do not have much knowledge of trial proceedings and could not interpret the happenings in trial court. He is apprehensive because cross examination is dragging for more than 6 hearings senior advisors said it should be done in one or two cross examination because case is not maintainable in the first place. He is not sure if his 2 documents Permanent Alimony & Old DVC true copy has been submitted by his advocate to perusal of Hon'ble judge.

Therefore he wants to approach Hon'ble High court for quashing. Or may I please ask if he could someone submit his 2 documents online or something.

Sorry for long message and thank you for the reply.

There cannot be definite opinion unless the documents are seen and issues are discussed. Admittedly, the matter is so innocent as tried to be made out in the initial posting, but this has been a long run batting battle with deeper issues. Why not avail of the services of the mediators available in the Court itself to arrive at an amicable settlement. Please not there could be no winner in a family feud based on mutual distrust.

The quash petition before high court at this stage of the case is not maintainable. 

You are talking about those evidences which has taken place in the case of your relative hence nothing prevented him from informing his advocate about it, therefore without knowing what happened in the court in this regard your conclusion to advise your relative to approach high court is nothing but a misguidance.

You can discuss with his advocate if you think that your relative is not prudent enough to ascertain the facts and express them before court despite advised by his advocate. 

Thank you very much for the reply. Appreciate your advice in this regard. I will inform my relative accordingly. Sorry for asking again, Just for my clarity Divorce got by wife+Hiding Payment of Permanent alimony in EP before court+Hiding previous DVC case dismissed due to non representation but filing fresh DVC after Divorce instead of restoring old DVC. DVC Quash in Hon'ble High court can not be done now because the stage has reached to cross examination stage and it should have been done at quite earlier stage though non maintainanble? Sorry for asking again.

You have stated inter alia, that,

"....Divorce got by wife"

When she has already been divorced, what is the dispute left out, where her relationship got severed (came to close) ??

Further you have stated, inter alia, that,

"......DVC Quash in Hon'ble High court can not be done now because the stage has reached to cross examination stage and it should have been done at quite earlier stage though non maintainanble? ......."

How come the DV Case was still pending for conducting cross-examination or filing of execution petition as stated by you ?

DV Case is stated to have been dismissed for non-prosecution ? How fresh case or restoration of previous case is maintainable ?

Absolutely unbelievable and non-practical.

 Prima facie it is a hypothetical moot court topic which is neither your personal nor for any relative as stated by you, isn't it?

Dear Sir,

Please pardon my lack of clarity in drafting previous reply. 

1.Old private DVC case ran for 3 years and was disposed due to non representation by wife as she stopped attending court at later stage.

2. Few years later she applied for divorce and got it exparte as husband did not attend.

3. She then applied for Execution petition for Permanent Alimony and husband arranged & paid Permanent Alimony before court in DD but without any kind of agreement.

4. After few months, Wife launches fresh private DVC case hiding Old DVC case that was disposed &  hiding Permanent Alimony received via EP. This DVC case is running for couple of years reaching cross examination. It is learned New DVC can not filed (non maintainable) by wife with new contents after Divorce instead only Old DVC disposed due to non representation can be restored. As its taking too long in Trial, my relative wants to approach High court to quash DVC praying Wife can not launch new DVC after Divorce but worst case restore old DVC with proper reason but from previous reply here it seems its too late for High court because its reached cross examination stage. Any advice here will be of great help. 

Thank you

You have been properly advised by many experts of this forum that the proposed quash case is not maintainable and the high court will not entertain the same at this stage.

What made him not to approach high court immediately when this case was filed long ago?

The case is very strong in his favor, he has to challenge the same in trial proceedings only and as the trial has already started, he can get the case disposed very soon.

Yes, Thank you for clearing it up. Otherwise my relative would have been misinformed. I am grateful and obliged.