Legal Question in Family Law in India
Dears,
We have been fighting the 498a case for over an year now. There has been no movement in the case proceedings. The X's family keeps sending us feelers (recent one from a call received from the local police staton) for comromise. The X does not come to the court heargings at all neither does her lawyer. Parallelly there is the DV act that is also running for one year. The interim orders declined any kind of maintenance and no payment is made / due to the X. She does not come for the DV act hearings as well. She did not even make it to the petitioners evidence.
We have made an application for the dismissal of DV case on the grounds of lack of evidence, but the Judge seems to be giving dates and no action being taken.
Could you please suggst me a recourse in the above scenario ?
Should I heed to the feelers? Or Should I wait for the Court judgements ?
What are the precautions I need to take on the latter (listen to the feelers)?
3 Answers from Attorneys
Dear client
498A is basically a tool in the hands of women to harass her husband and in laws. Since the proceeding is going on in the court there is no need to bother about the feelers. Even if you want to make any compromise ,you can do it on your own terms and conditions. Her case has already been weakened owing her constant absence in the court.
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Do you have a lawyer ? please clarify.
on what grounds are you seeking dismissal of DV. you may approach the HC.