Aatif Khan (NA) 08 January 2012

Notice not received in dv case

Honb'le members

Please advise

As per my sources i have came to know that my wife has filed either DV or 125 against me.Already 498a has been registered against me. My questions are

1-Can both DV/125 cases be filed together?

2-I haven't received any summon/notice...can the court still pass exparte

Please suggest

Reply Follow

8 Replies

Adv. Chandrasekhar (Advocate) 08 January 2012

both s. 125 and dv case can be filed simultaneously.

if you have not received the notice/summons, the court will send it again before ordering ex-parte. if the court sent and you refused to receive it, then the court will go ex-parte.

Aatif Khan (NA) 08 January 2012

Dear Chandu

Thnx a lot....request to help on these points as well

1-Does it means that till the time i dont get notice/summon no exparte can be passed and eparte can only be passed in condition i reject serving the notice/summon.

2-Also please tell what is the meaning of DIR

3-How can i get the details/copy of the DV/125 to know the allegations about me

4- Cn you refer me a good lawyer who can hndle my case of 498a/406/34 & DV/125 in Kadkaddooma courts

Adv. Chandrasekhar (Advocate) 08 January 2012

Originally posted by :Aatif Khan

Dear Chandu

Thnx a lot....request to help on these points as well

1-Does it means that till the time i dont get notice/summon no exparte can be passed and eparte can only be passed in condition i reject serving the notice/summon.

That is the basic principle of law. but the other party can manage to show the court that notice has been summoned. So, if you are interested to contest the case, enquire it from the office of the court and find out the details and appear on the next date of hearing and get a copy of the petition.

2-Also please tell what is the meaning of DIR

DIR means Domestic Incident Report, which will be filed by the police in DV case.

3-How can i get the details/copy of the DV/125 to know the allegations about me

As suggested in para 1 above. If you engage an advocate, he can unofficially also can get the copy of the same.

4- Cn you refer me a good lawyer who can hndle my case of 498a/406/34 & DV/125 in Kadkaddooma courts

see your PM

Aatif Khan (NA) 08 January 2012

Dear Chandu

Thanks for the PM. Request to answer point -1-2-3 as well

Thankfully

Aatif Khan

(Guest)

Please check your PM (Inbox)

rajiv_lodha (zz) 08 January 2012

2-Also please tell what is the meaning of DIR

DIR means Domestic Incident Report, which will be filed by the police in DV case.

Sorry,

DIR can be filed by a PROTECTION OFFICER. Its not always Police. PO may be CDPO too.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 09 January 2012

Dear Aatif Kahn Sahab

DV Case and maintinenece Case u/s 125 Crpc can be filed togather.

According to sectio 23 of DV Act the court have power to passed an exparty order aif the court /Magistrate think fit or satisfied that an application prima facie discloses that the respondent is committing, or has committed as act of Domestic violenece or that there is a likelihood that the respondent may commit an act for DV, he may grant an ex-party order on the basis of the affidavit in such form, as may be prescibed of the aggrived person under section 18,19,20,21, or as the case may be, sec 22 against the respondent.