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Regarding non-apperance of wife in Domestic violence case
13-May-2023 (In Criminal Law)
I am hindu. I filed divorce as wife left home 2 years ago on pretext of marriage functions and never returned. After notice of divorce she immediately filed 498a first and DV after 1 week. In DV she has not attended a single hearing (due to govt job)and even her lawyer attended only 2. So can I dismiss the DV for non-appearance of wife from starting to till date. Further There was no investigation done in DV as per various judgments. Please guide and she has asked for protection,residential or rent amount.
Non appearance of wife in the divorce proceeding is also cruelty and ground for granting divorce. Supreme court also held. You can pursue your case and made submission before the court that wife intentionally avoiding proceeding
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Adv. Jitender Kundu
Zirakpur | 25+ Answers
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