False dv case filed by my narcisstic mother .. she is losing the case

652 votes

From the facts stated by you, if the Domestic Violence case has been pending since 2021 and the complainant has already been granted interim maintenance in 2022, but the cross-examination has remained incomplete primarily due to repeated adjournments sought by her, you are not without a remedy. You may move an application before the Trial Court seeking expeditious disposal of the case and requesting that no further unnecessary adjournments be granted. If she has cited medical reasons, the Court may direct her to produce genuine medical records. However, once she is fit to attend proceedings, the cross-examination should continue. If repeated opportunities have already been granted, you may request the Court to treat the matter as one of deliberate delay and proceed in accordance with law. If the Court continues to grant adjournments despite the matter being old, you may approach the Sessions Court or the High Court, as the case may be, seeking directions for a time-bound trial. Courts have consistently held that matrimonial and Domestic Violence proceedings should not be kept pending indefinitely. If, during cross-examination, material contradictions and false statements have already emerged, ensure that they are properly brought on record. Those contradictions can be relied upon at the stage of final arguments to challenge her credibility and the reliefs claimed by her. However, merely alleging that the complaint is false is not sufficient; the defence must be supported by documentary evidence and admissions elicited during cross-examination. Regarding the interim maintenance, it will ordinarily continue until it is modified, vacated, or the main petition is finally decided. If there has been a substantial change in circumstances or if there is material to show suppression of income or abuse of the process of law, you may also consider filing an appropriate application seeking modification or recall of the interim maintenance order. In the present circumstances, your immediate remedy is to press for completion of the cross-examination, oppose unnecessary adjournments, and request the Court to conclude the evidence within a fixed time so that the matter proceeds to final adjudication without further delay.

Advocate Yuganshu Sharma LawRato

818 votes

Based on the facts stated, you are not without a remedy. If the complainant has repeatedly sought adjournments after the commencement of cross-examination, you should move an application before the Magistrate seeking closure of the complainant's evidence/right to further cross-examination or, alternatively, request that no further unnecessary adjournments be granted. Point out that the case has remained pending since 2021 and interim maintenance has continued for years without conclusion of trial. If she is relying on medical grounds, the court may direct her to produce authentic medical records. If her testimony already contains material contradictions, bring them on record during final arguments. You may also consider filing an application for modification/vacation of the interim maintenance order if there has been a substantial change in circumstances or if relevant facts were concealed. Discuss the complete case record with your advocate before taking these steps.

Advocate Madhvi Chopra LawRato

864 votes

if the court or judge is providing unnecessary adjournments then we can file writ petition in the high court in which high court will take the cognizance and issue the direction to the lower court to finish the proceedings and statements that needed to be done and you can pressurize the court to submit all the medical evidences and can file an application and if they fail to provide so move an application for suspension of maintenance

Advocate Ayush LawRato

909 votes

not much you can do about it as the proceedings regarding the crossing examination or determined by the court. even otherwise since your mother has had an operation which is a very genuine reason why cross examination is not being conducted.

Advocate Kunal Seth LawRato

819 votes

All you can do is wait till she is cross examined. If you think she is already trapped then I believe you should wait a little more since you've already been patient enough. Moreover if you think your advocate is a bit incompetent in that case you should also think about a second opinion as well.

Advocate Kirti Kumari LawRato