Dismissing DV case

correct way!

dismiss in default !

@ Author

1. On next date file a proper Application to dismiss in default of non appearance and lack of inclination to service her DV case instead of verbal submissions before Magistrate Court.


2. Press Magistrate to dismiss or give direction to your said application if she does not appear again on next date of hearing.  Also submit before Magistrate that you prefer to go to sessions Court if your this Application is not disposed today !


3. Now - a days it is fashionable to press DV case by metro wife under the influence of few Ld. Pleaders as 498a IPC charm is diluting. 

Thanks for the responses.

If the case gets dismissed once in the court, can the wife have chance to reopen it back again ? What are the chances of getting them reopened ? If such reopening is possible for dismissed cases, what would happen to the proceedings, would it start from beginning or start from the point where it ended before dismissing ?

Sir, I want to give my wife divorce as she has been separated since last 3 years due to cruelty. However, she is still in my home and I stayed in a different place. What can I do?

Mr. Surjakumar ....... if she is in ur house and you have stayed in a different place for last 3 yrs then it is deemed that U have deserted ur wife .......... She will have evidence of that via ur own statement ...........

Well find a good family court lawyer and consult .....

Mr. Techie ...... even if ur wife's DV case gets dismissed on grounds of deault then she can get it restored from Sessions court ......... but this can happen only if she gives some good and proper explanations for her non-appearance before the lower court .... and further it is not necessary that the complainant has to be present on all the dates if she is represented by an Adv. before the lower court ....