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false FIR 's filed and complainant is expired.want to fate of fir


15-Sep-2023 (In Family Law)
Wife filed DV act on husband and in laws. Then husband filed divorce, and after two years mother in law filed false dv act and false fir on daughter in law. But she is no more now and domestic violence case and fir case are both pending in court and dates are given. Till date daughter in law is not served with summons . Before her death no proceedings were started. But cases are still going on.why? Wantvto know rights ofcdaughter in law who is actually innocent. Please help
Answers (2)

Answer #1
987 votes
This is a clear case of abatement. The case stands abated and no one has locus standi to continue to prosecute the case. You may file a petition before District court stating that the judge below is conducting trial in a predetermined manner especially not dismissing the case despite production of death certificate of the complainant. Hope you must have filed it
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #2
737 votes
If complainant has died then case will get abat and this is the way it will get over ! U need go hire expert advocate in this regard ! Plz b in touch to discuss the matter n to understand the legalities! Thanks
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Advocate D. Khan

Adv. D. Khan

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