• What happens if there is no hearing after 6 months of dowry case

My wife has put a false dowry and Dv.The police arrested me on 16th march 2017 after that there is no follow up on court or there is not even a single hearing.After this we filed a divorce case where my wife did not turn up as they did not receive the notice sent by the court.

My questions
1) In divorce case does it become exparte if they do not turn up again?
2)In dowry and domestic violence if there is no hearing for almost 6 months.what can I expectkk
Asked 5 years ago in Criminal Law
Religion: Hindu

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67 Answers

1. if you could show to the court that she ahs received summons of the court but still refused to appear then court can give ex parte hearing.

2.In criminal cases due to heavy burden of cases the frequency of cases is generally 6 months only.Howeevr through high court by filing revision you can expedite the case.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

1. The chargesheet has probably not been filed by the police yet. As and when it gets filed you will receive summons from the court.

2. In divorce petition if your wife has been served summons and she does not appear personally or through a lawyer then she will eventually be proceeded against ex parte.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

you can file a petition before the high court under section 151 cpc for expedite the hearing of divorce case. if she does not appear and you have successfully prove your case then ex-party decree shall be passed by the court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

for the criminal case: you should file a petition before the high court for quashing of criminal case because

1. complainant is reluctant to pursue the case

2. allegations are false

3. no further proceeding has been initiated

4. inordinate delay in progress of case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If wife inspite of being served with summons fails to attend court then court can pass exparte decree in your favour after considering evidence of record

2) Dowru harassment cases take 10 years to be disposed of

3) DV cases take 5 years to be disposed of

4) on account of heavy backlog of cases courts give long dates in the matter

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

If your wife is not appear before the court even she received the notice then she become exparty and you can get exparty divorce decree. If the notice is not served the court will ask you take steps for serving the same in correct address.

In Dowry and DV case you can get summons from court for appearance . on that day you should appear .It will take time.

Ajay N S
Advocate, Ernakulam
4027 Answers
99 Consultations

5.0 on 5.0

It takes time for police to complete investigations and file charge sheet

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

1. If your wife has received notice sent by court , then after service of 2 more notices from the court ex- parte proceeding can begin.

2. The dowry & DV case being not civil in nature are going to continue and will be decided on merit.

3. You can request the concerned court to direct police to submit final report so that chargesheet can be expedited

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

Why do you worry about delay? You don't have to worry about charge sheet.Chargesheet is filed when investigation is over. If you feel the police in unneccesarily dragging the time and not filing the chargesheet in time then you can approach the same Magistrate before whom you made a private complaint.

once the chargesheet is filed, the trial can commence

Ajay N S
Advocate, Ernakulam
4027 Answers
99 Consultations

5.0 on 5.0

Sir,

Answering to your divorce related question, your case would lead to exparte divorce only.

Once you out on bail, your appearance is required to attend the court as and when court ask you to present. you can not say there was no single hearing. If you do not appear in court then arrest warrant would be issued. So, talk to police officer who arrested you to know the status of your case. Police can delay the charge sheet till they find evidence. But, you can go for quash if charge sheet filing delayed.

thanks,

adv.niranjan,

mobile - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

if charge sheet is being delayed by the prosecution you can file either petition before high court under section 482 for quashing of case or file discharge application before the court in which charge sheet has filed.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If there is inordinate delay in the filing of the chargesheet then you may file a writ petition in the High Court for an expeditious hearing.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. It is not automatic exparte, the court will direct to take steps for alternative or substituted service of summons to publish the same in a local newspaper, if she does not turns up even then the court may decide to set her exparte .

2. You cannot do anything about it, you have to go by the court or you can file a petition before high court for expeditious trial.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

What to do if the chargesheet takes more delay?Why do you think the chargesheet is taking delay?

The time limit for filing charge sheet is 90 days, but the police generally take more than one year also to file a charge sheet.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

1) police are overburdened and hence there is delay in filing of charge sheet in dowry case

2)there are thousands of case pending . No case is made out for expediting your trial

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Sir,

You can apply for quash for the delay in filing charge sheet.

You can not expedite the case unless there is charge sheet filed.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Can i put a quash for the delay in the dowry case.Can I expediate the case if so when and where can I expediate the case.

If you want to file a quash, you are at liberty to do so, nobody can stop yo from doing so but see if you have merits to approach high court for this purpose.

Any direction to expedite the trial may not being forth the desired fruit hence it is advisable that dont waste your time, money and energy on such petty issues

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

6 months is not much delay to file a expedite petition and neither can it be quashed on the ground of delay.

In divorce case if the applicant does not turn up then the same will be dismissed and if the opposite party does not appear then the same will be decided ex parte.

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

If the wife fails to come and service of summon is deemed, then After 4-5 times the court will proceed to decide the case ex parte

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

It depends upon the history of the case. Please talk to your advocate.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Depends on the court and the number of opportunities it extends to the other party to appear. Perhaps tomorrow they'll not proceed in absence of your wife and Grant one more opportunity to her to appear in this case.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

Court would grant one more adjournment

If wife does not appear in court for 3 consecutive dates or engage a lawyer court may grant you exparte decree after considering evidence on record

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

If she is not appearing and there is no representation, then the court, after satisfying itself about the sufficiency of the service of summons, may set her exparte and pass the decree accordingly, very sooner

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Now that your wife has appeared in this divorce case, the court will not grant you exparte decree. However, you may petition the case for divorce decree that you have complied with the terms of agreement for MCD and now she is not not complying with the affidavit sworn at the time of 1st motion and hence divorce should be granted to you. 2. There are judicial pronouncements that court has granted divorce after 1st motion.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

Let her file a reply and see what contentions she put forth and then only you can decide or ask what to reply.

You may ask her to put prove for the false allegations. Let her file reply to decide what you have to reply.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

first let wife file reply

3)then based on legal advice formulate your response

3)deal with all allegations made in reply

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Take time to file a written objection.

Defend all what she says and adduce the relevant evidences.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

You should not concentrate on her reply, you should concentrate on your case alone.

Let she come out with false allegations, you can proceed with your own case.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Please defend your case on merit, and seek divorce on the ground of cruelty as she has backed out from MCD after you complied with terms of agreement.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

1) the reason why wife has filed for divorce is if you with draw divorce petition she would be left high and dry

2)wife wants divorce but on her terms

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Filing another divorce means that she will also make her claims and will then claim some damages.

Note that at a point of time both the divorce petition will be merged.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

Since you have filed a divorce case on the grounds you relied upon, she wants to counter the same by filing another divorce from her side with her own allegations.

There is neither advantage or set back.

But you can mention in your chief that she has filed a case intentionally from her side just to torture you.

You can get your case expedited on this basis.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

A divorce petition being already pending adjudication, she cannot file a fresh case for divorce.

Perhaps she has filed some other case or her lawyer is misinforming you and your lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

1. The case cannot be quashed for delay. As I said before, you may file a petition in the HC for speedy hearing in the case.

2. UNless the reply is perused we cannot say what counter reply should be. Leave this to your lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.Your wife too is free to file a petition for divorce even if you have filed it first.

2. The only motive is to assert one's own allegations.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) RCR case is filed as counter to your divorce case

2) objective being to delay divorce proceedings

3) both cases would be clubbed together

4) you should file detailed reply in RCR case

5) mention reasons why you cannot stay with your wife

6)mention that wife filed false DV and dowry case against you and hence there is no possibility of reconciliation

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

This is another case filed against you.

You have filed divorce case seeking the relief of dissolution of conjugal rights, where she is approaching the court for the relief of living together with you and resuming the conjugal relationship with you.

Well you can appear before court on the said date of hearing and strongly protest by filing your counter to this on the basis of your divorce case already filed before court.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Section 9 HM Act case for restitution of conjugal rights is filed by either of the husband or wife, when the other withdraws from the society of the other without any just and sufficient cause.

Meaning thereby, when either the husband or the wife abandons and deserts the other without any just and sufficient cause, the one who is deserted and abandoned may approach the Court and seek restitution of his/er conjugal rights.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

You must appear before the court

The case is filed so that you fulfill your matrimonial obligations

In which court the case has been filed?

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

You dont accept the pressures put on you either by the mediator or even your own lawyer.

If you do not want to pay any money you can very well refuse to pay the same and can challenge the same in the main petition in the regular court.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

refuse to pay Rs 50 lakhs demanded by wife

2) offer to pay Rs 10 lakhs only

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

If you are not ready to settle for that much amount then the mediation will fail and the case proceedings will start

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

If mediation has failed there is no further mediation in divorce case

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

After mediation, ther will be a hearing in the regular court based on the recommendations by mediator and your confirmation on the decision about the divorce.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

There is no procedure for second mediation.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

HC is reluctant to quash FIR before completion of investigations

2) wait for charge sheet to be filed then file for quashing in HC

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

You can wait for the police to file charge sheet in the dowry harassment case because the charge sheet will let you know the gravity of offence or if it is false, then you can prepare grounds for defending yourself in the quash petition.

Petition for quashing charge sheet would be a better option.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

You may concentrate only on filing quash petition under section482 cr.p.c because your petition invoking article227 may not be entertained.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

1) Wait for filing of charge sheet

2) Obtain copy of charge sheet

3) Then file for quashing in HC

4) act as per your lawyer advice

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Your father as accused can obtain copy of charge sheet filed in the court by the police without any lawyer

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

On receipt of notice/summon from court/police, the accused will be required to appear before court on the date of hearing.

The accused will be supplied with a copy of the charge sheet at free of cost on the date of hearing.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

your parents have been dropped as there is no evidence against them

2) case on you does not become automatically weak

3) 498A cases take 10 years to be disposed of

4) burden of proof is upon prosecution to prove your guilt beyond reasonable doubt

5)you would get divorce if you are able to prove allegations made against wife

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Dropping of charges against your [parents may not automatically absolve you from the charges that have been levelled against you.

You may have to face prosecution challenge the case properly on merits in your side and defend your interests accordingly.

If your divorce case is dismissed then it is not that court will direct you to live with her against your wishes.

You can prefer an appeal against the decision which is not in your favor.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

No dropping of charges will not effect the merit of your case.

Even if your divorce decree is denied then also the judge can not force you two to live together.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

1. Quashing takes a typical 6-8 months of time and it is rarely allowed.

2. Hence if there is no strong ground for challenge do not go for it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

** I missed your past communication with lawyers on the forum.

1. If you have sufficient grounds to quash the case then the time frame would be max. 1 month.

2. In fact, When you have sufficient grounds to go high court for quashing then you can approach lower court itself to discharge you from the case.

3. It is advised to approach your lawyer to get the status of your case. In case, if your lawyer is not co-operative then approach any other lawyer to get the status from high court.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Quashing May take over a year

2) there are lakhs of cases pending in HC

3) if any settlement is arrived at between parties HC can quash FIR

4) If there is no settlement arrived at between parties HC is reluctant to quash FIR pending completion of investigations

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

hearing to determine if a person charged with a offence ) should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime.

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

It is not time consuming, once it is listed the same will be disposal.

You can check the status from high court website.

Yes it generally gets disposed within that time.

You are right, the court will pronounce judgement immediately.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

It appears that no orders have been passed by court in cmp also.

You may clarify about HBC also from your advocate.

Your lawyer is the right person to keep you posted about the latest on this.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Burden of proof is upon prosecution to prove allegations beyond reasonable doubt

2) you can cross examine the witnesses to prove your innocence during trial

3) if wife makes false statement on oath you can file application against her under section 340cr pc for perjury

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

First you face the trial.

get the case dismissed by proving her false.

if her statement made before court on oath has been proved to be false then you can file a perjury case against her

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Yes accused is also given the chance.

If later you are acquitted then you can file cases against her.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

File consent terms in divorce petition 

 

2) it should mention about alimony  to be paid to wife 

 

3) that wife shall with draw false cases filed by her and cooperate in filing for quashing in HC 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

For this, you need to enter into a settlemet agreement with your wife.

In this agreement, you will record all the terms and conditions on the basis you both have agreed for a settlement.

The alimony that you are paying her in lieu of this settlement also needs to be recorded in this agreement.

You both can go for mutual consent divorce once both of you withdraw all such case that you have instituted against each other respectively.

Contact your local lawyer

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

You will have to apply for the mutual consent divorce and based in the said settelment the case can be withdrawn from the court. 

You might also have to move to the HC for getting the same quashed. 

Regards 

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

The 498a case cannot be withdrawn by her even if she is agreeing to not to pursue this matter any further.

In that you may have to file a petition under section 482 cr.p.c. seeking to quash the charge sheet before high court. She has to file an affidavit to that petition expressing her willingness to withdraw her complaint and she has no objection to this quash petition.

This may enable high court to pass an order to quash the charge sheet.

You can withdraw the RCR petition and file a mutual consetn divorce petition jointly on the basis of compromise arrived between you both.

Insofar as the settlement is concerned, you can  draw a MOU agreeing to settle the amount and the mode of settlement and other conditions, which may be recorded in the MCD petition and the judgment.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

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