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.
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
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.
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