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Victim of Greed (Worker)     16 August 2013

Your advice on appeal for dismissal of dv

Hello Experts,

She had filed DV in Judicial Magistrate First Class Court at Kalyan after 3.5 years of living separately. The case is still pending in the Court. Now, my questions are :-

  1. Should I go for appeal for dismissal of DV case (by submitting condonation of delay application of 11 months caused to gather citations) based on judgements passed by The Bombay High court and Supreme Court on limitations act to file DV within 1 year of the incident ?
  2. Or should I wait till the Judicial Magistrate First Class Court at Kalyan pass an order and then go for appeal in the Sessions Court ?
  3. Also, If I go for an appeal at the sessions court and the court reject my case due to delay in filing an appeal after 11 months, then can i approach to the High Court immediately within 30 days of the receipt of the order received by the sessions Court ?

Just for your info., no domestic violence had occurred and since she does not have any proper evidence, she had filed irrelevant evidence which does not prove any kind of violence had taken place.



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 August 2013

When DV act is dismissed what is the necessity of going for appeal.

stanley (Freedom)     16 August 2013

At what stage has your Dv case reached . Is the cross examination over . In the absence of any order  how can you appeal at sessions court and take for instance the case is dismissed for lack of evidence than ??

1 Like

Victim of Greed (Worker)     16 August 2013

Dear Rajeev ji,

She had filed Dv case and I would like to file a petition for dismissal of DV case on following grounds :-

  1. No proper evidence in her DV petition to show any such domestic violence had occured.
  2. As per limitations act, she had filed Dv case after 3.5 years of living seperately.

I was been told that I can file a petition for dismissal of DV case alongwith condonation of delay application of 11 months on above grounds.

Victim of Greed (Worker)     16 August 2013

Dear Stanley Ji,

Am sorry.. I do not want to appeal, I would like to file a petition for dismissal of her DV case on the following grounds :-

  1. No proper evidence in her DV petition to show any such domestic violence had occured.
  2. As per limitations act, she had filed Dv case after 3.5 years of living seperately.

I was been told that I can file a petition for dismissal of DV case alongwith condonation of delay application of 11 months on above grounds.

I can mention the reason caused to file petition for dismissal of DV case is to gather judgements from the Mombai High court and the supreme court for limitations act to file DV case within 1 year of the incident.

Tajobsindia (Senior Partner )     16 August 2013

1. THAT SC citation on Limitation Act does not apply in instance 'facts'. Further THAT Mumbai HC citation is barred by S. 188 CrPC which Justice Ms. Roshan Dalvi missed pointing at  and simply made Rule absolute that if from last 1 year no domestic relation thus wife cannot file which is already put on appeal in SC by same party be noted that ! .

2. You are required to file detailed w/s with preliminary objections followed by vehemently denying para wise allegations on points of Law and reason for such denials with facts (additional if any) and para wise reply on merit to such and such allegations and thus may try to seek dismissal of her complaint case.

BTW, if you are appearing party-in-person then such condonation delay may be considered but the moment an Advocate appear on yoru behalf such condonation delay will be thrown out is my view. reason being 'you cannot plead ignorance of Law' !

1 Like

Victim of Greed (Worker)     16 August 2013

Thank you Tajobsindia,


BTW, if you are appearing party-in-person then such condonation delay may be considered but the moment an Advocate appear on yoru behalf such condonation delay will be thrown out is my view. reason being 'you cannot plead ignorance of Law' !


I am appearing party-in-person and wont be appointing an advocate due to my financial crisis.

Regarding judgement passed by Justice Ms. Roshan Dalvi, I will however annex citation to my petition because If her advocate does not know any update then I will find myself lucky. And also I will file detailed written statement and para wise reply on merit to file a petition for dismissal of DV in the sessions court ... right ????

santosh alhat (sr. manager)     30 October 2013

Dear Sir,

             My daddy filed a writ petion in Bombay high court with petition No. WP/6508/2013. The Hon.court has given the direction to respondent No.4 (revenue minister) the appeal is pending to be decided within 3 months. The order content- All the contentions  are kept open. And dissmissed writ petion.But not yet decided what to do ?


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