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Hell Fighter (Member)     11 June 2014

Dv case strategy

In a DV case where the 498a wife has not adduced sufficient evidences with her DV application and the husband's father is having concrete proof that the cases (125/DV/498a/506/406/etc) are filed with mala-fide intentions as leverage, what should be the strategy:

A) Present the concrete proof in DV case and request for summarily dismissing the proceedings on two grounds - insufficient evidence and proof of mala-fide intentions.

OR

B) Move to HC for quashing the DV proceedings under the above mentioned grounds which have been found as valid grounds for HC to step in and quash proceedings.

OR

C) Any other possibility.



Learning

 2 Replies

Hell Fighter (Member)     12 June 2014

Any guidance?

T. Kalaiselvan, Advocate (Advocate)     14 June 2014

Your suggestion in 'A' will be the best option. If you are confident enough that the concrete evidences in your possession will suffice to demolish her case, proceed in the same track in the trial court itself, you will get fruits for your efforts.


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