LawRato

Can a DV case be dismissed if wife doesn't come


16-Aug-2023 (In Divorce Law)
Hello dear Sir/Madam, kindly give me guidance on the matter. I filed for divorce from my wife, after receiving notice she filed DV and 498a case. Maintenance in DV case has not been granted yet, her lawyer said she doesn't have a bank account. Wife has not appeared in the DV hearings even once, my Question is can I file some application or some appeal in the court to dismiss this false case against me? On the basis that she herself has not appeared in the last four hearings. No DV happened.
Answers (5)

Answer #1
642 votes
You may engage a lawyer and get an application filed for dismissal on the ground of non prosecution. Since she is not pursuing the case you may plead and try to get the complaint case dismissed. Further you may promptly seek a consultation and formulate a strategy since all these matters are connected
Helpful? LawRato LawRato

Answer #2
620 votes
Yeas you can file Application and give oral suggestion to the court to dismiss this false case against you. your advocate has to Apposed about this. my legal Teem halp u to dismiss this type of false cases.
Helpful? LawRato LawRato
Answer #3
987 votes
quashing petition can be filed in the High Court where false cases have been filed against you.

by quashing the court will dismis pending proceedings against you.

separate petitions need to be filed for domestic violence and 498A.
Helpful? LawRato LawRato
Answer #4
710 votes
You need to file a strong reply/WS for the petition filed by your wife. And to incorporate evidence to prove that the allegations that are levied on you are baseless. You should not have filed straight away for divorce but you should have filed section 9 first to call her back into your matrimonial life. And for her appearance you can issue warrants against her to appear before the concerned court. For more legal assistance I am just a call away.
Helpful? LawRato LawRato
Answer #5
891 votes
You can easily give submission for her negligence in her own case and harassing from many dates so judge will dissmiss the same cade after 3 dates for further query plz free to call me no need to file any application
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."