• I am not attending DVC case from 2 years what will happen to me

Sir I married a very poor illetrate girl from Mumbai in 2016 Feb 28th i am very highly qualified and working as teacher i spent 2 lacks for marriage in Arya samaj Mandir in Mumbai. But after marriage she behaved very badly and soon after 3 days she left house and my sleeping some where I don't know .she harrassed me and my mother very much for 1 month and kept on leaving house by switching off her phone also for 4 days at a stretch. We don't have any children as she didn't allow for sex also in those 30 days in Mumbai. I got fed up and resigned job and came back to my city Vizag in Andhra Pradesh .after 3 months she filed DVC and 498a against me and my mother in mumbai.i went to DVC case one hearing only in August 2016 and from then on I never went to Mumbai till today 2018 October it's been more than 2 years 5 months .now what will happen to me .I am working in Vizag in Andhra Pradesh only.
Asked 5 years ago in Family Law
Religion: Hindu

6 answers received in 10 minutes.

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20 Answers

Sir there can be warrant against you further once the case is concluded there can be punishment awarded to you since you have not contested the case so it is better to check the status of the case.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The court can issue a non bailable warrant to seek your presence, if the case is being perused by her.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Generally in a domestic violence case, the courts will give 3 opportunities

a) either grant ex-partee orders OR

b) Reissue summons or

c) If summons received, but party not willingly attending may also issue a bailable warrant

Each case has its own merits and depending the merits of the case, the judge might decide either of the 3 options above.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

As advised the court can issue a NBW and following which can pass an order of proclamation to seek you presence.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1) in DV case there is no arrest

2) if you don’t appear court would pass exparte orders against you

3) some maintenance amount must have been awarded to wife

4) if you don’t comply with court orders you can be arrested

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

The the case is not maintainable.

Might be the case that the court dismisses the case only on the ground of merit.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If you don’t appear in 498 A case non bailable warrant can be issued against you and you can be declared as absconder

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Sir what is the status of your case in the App showing and further the evidence are complete or not it would be better if you join the proceedings,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Fir but the act of writing on Facebook mat amount to mental cruelty and for same you can be punished the same need to be disputed before the court,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) you can be traced through face book profile , linked in etc

2) don’t keep your profile on social media

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If you have read so much then you must also be knowing that if your whereabouts are not available then nothing can be attached. And if something is your salary is attached somehow on some information then also you can challenge the order of attachment.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If there are no allegations of dowry harassment then 498 A case would be dismissed against you

As husband you are entitled to have physical relationship with your wife

She can sue for defamation if you have alleged on face book she is having sex with other guys

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) If you have PAN card and used credit card on that basis, if court appoint experts from CIBIL through CIBIL records all your history is displayed and on that basis it's easily come to where you are.

2) Or by appointing CBI they can easily find you where you are if other party is so strong.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Sir if there are court orders to arrest police can trace you based on bank accounts or the phone number that is totally different issue. In case you are not found you will be declared as absconder since no property no attachment shall be there further the court can order police and same based on transaction if any or any intel can try to search if not found then nothing can be done.

Sir how exactly we dont work in police but there are methods as through family, phone accounts the person can be traced if court pressurise police same can be done if not found then you will be a absconder and the bank accounts can be attached.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello Mr. X

I have gone through the detail of your mail posted herein on Kaanoon.Com. First of all I would like to advice find out the FIR number and its Police Station, engage best matrimonial advocate, and then apply for anticipatory bail immediately. If you hide or avoiding to join the investigation in the case of 498A IPC then the Police will move application before concern court and will obtain Non bailable warrant against you, if the said non bailable warrant will not execute or unservered and fail to trance out you, thereafter Police will move proceeding Under Section 82 and 83 CR.P.C declaring you absconding, which mean proclaimed offender, if after declaring proclaimed offender, by chance any where you appear then immediately police will arrest you and will produced you in the said Concern Court which mean you him self invited trouble for you by hiding yourself somewhere. It is better to take legal measures which you have as soon as possible. Thirdly, contest strongly your D.V. Act, case which is pending in the Court. I highly suspect if ex-party order for maintenance will pass then you again will be in big trouble and if you get arrested and court will only grant bail when you will furnished complete your address and also would undertake to appear each and every date of hearing. Therefore, it is advice take immediate step don't make your self Foolish, as you know Law will caught you one day.

Regards

G.L.Soni

Advocate

G. L. Soni
Advocate, New Delhi
92 Answers
3 Consultations

5.0 on 5.0

Dear Sir,

Failure to appear means you have skipped a scheduled court date without notifying the court that you could not make it. Failure to appear is technically a crime. You can be charged with contempt of court, and the judge can issue a bench warrant for your arrest. You may also have to pay a fine.

These things don't usually happen in a divorce case, but it's still in your best interest to show up. For one thing, the best way to get a fair ruling is to be in court to defend your rights.

Also, states generally allow divorcing couples to avoid most or all court appearances by coming to fair terms on their own. So if you force the court to make decisions for you, a judge is likely to look unfavorably on a spouse who skips a scheduled hearing.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If you have not attended the DV case in Mumbai then the court would have set you exparte and might have passed an exparte decree against you.

She may try to execute the exparte order through court, hence you may directly confirm the present status from the court or even can have information about it in internet or any social media

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

I forgot to say In 2017 August some police person came to my sister house and questioned her about me and my address but my sister said she don't know my actual address and wrote the same to the police and they went away .till now no Mumbai police has called me directly in this 2 years regarding 498a and domestic violence case .but I am regualiry seeing the court hearings in ecourts app as I know my DVC case number and 498a FIR number also

What is the status of both the cases?

Without knowing the case status no opinion can be given .

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

as i have written in facebook about her refusal and inability for sex with me and doing sex with her boyfriends and lovers .so she her image is defamed in public and in front of her Facebook friends that's all are the allegations on me .she has not mentioned anything about dowry at all in 498A FIR Nor in DVC

All these things are to be challenged during the trial proceedings of the respective cases.

Since you have not appeared , you await for the summons or you may ignore the same.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

And no one knows where i am working . How will the court trace me and get my salary ?? This is my question how .She is claiming 25 lacks as compensation and a house as she is thinking I have lot of money but she don't know that I am poor .now how will the court trace me and take my salary ??? Please answer me how.

Court will not trace you.

It becomes her duty to produce your new address before court

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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