DV case question

You are travelling in the realms of fantasy and anticipating many things. 

UR QUERY IS NOT CLEAR ACTUALLY...BUT HAS THE REPLY BEEN FILE AGAINST THE COMPLAINT....HAS THE REPLY BEEN CONSIDERED AND ARGUED IF FILED...?? IF YES THEN JUDGE WILL PASS ATLEAST INTERIM ORDERS...WHATSOEVER.......AFTER THE PETITIIONER FILES HER AFFIDAVIT..... IF THE RESPONDENT IS ABSENT AND IS NOT INTERESTED TO PURSUE.... THE WHOLE CASE COULD BE DECIEDED EX-PARTE........... THEN ACCORDING TO THE PROVISIONS OF THE DV ACT...THERE IS ALSO A SIMPLE IMPRISONMENT....BUT BEFORE THAT INTERIM ORDERS WOULD BE PASSED....WHICH WOULD BE MORE HUMILATING THAN IMPRISONMENT...........JOKES APART.....

PLS BE MORE CLEAR WHAT U WANT TO ASK EXACTLY...

TAKE CARE

Hi Alok,

  things that has happened goes like this:

after summons answered by respondent --> petitioner has filed her evidence and her cross examination was completed by respondent's advocate. But when date for resp' evidence submission came they were not present in the court so Judge passed date for argument. On argument day when they were not present , petitioner filed written argument and Judge has given next date for argument. Not very skilled in law and knowing that respondent's is not the one who will take things lightly, I wanted to figure out what could be their startegy. I posted this qn in thsi forum because there are several advocates on this group and from their experience we can gain some momentum in the case.

Beside, due to ceratain facts in the case, can petitioner also file an appeal for imprisonment along with compensation

Dear Nitin

U saying the judge fixed the date for arguments before the respondents filed their evidence….that means the judge has closed their opportunity to lead evidences and the case is now in petitioner’s favour….!!! And written arguments were filed….later on case was fixed for arguments again…means case was fixed for oral arguments …or an opportunity was given to respondents to file their written arguments…..

In these circumstances it clearly shows the respondents have taken the case lightly and now would be in trouble….and the case would be decieded in petitioner’s favour…but respondent still reserves the right to go in appeal and challenge the order of the lower court if passed against him……

can petitioner also file an appeal for imprisonment along with compensation

ANSWER : - what was the prayer clause of the complaint of the petitioner ?? if petitioner is not satisfied with the order of the lower court, petitioner can also go in appeal and move higher court…. And there can appeal for imprisonment but there must be sufficient grounds for that…..

Although it can also be possible that judge in lower court may pass the order for imprisonment as well as compensation……………!!! Depending upon the circumstances of the case.

All the Best