Legal Question in Family Law in India
My wife had put a case under Domestic Violence Act in August 2008. I had put objections for the same. The Magistrate passed interim order for maintenance, which I am paying regularly. But the petitioner is draggin the case giving some thing or other reason and delaying the proceedings by not giving evidence. The Magistrate is also not bothered about this issue in spite of my counsel arguing to put cost on the petitioner. Also there are no stay orders from any higher courts. I want to bring this case to closure as this is a false case and I can easily come out of it if the proceedings start. Please let me know what should I do to bring her to the box and make her to give evidence.
3 Answers from Attorneys
it is your lawyer who has to press for her presence and in case she does not appear and no lawyer or protection officer represents her, the case has to be dismissed in default.
it is your lawyer who has to press for her presence and in case she does not appear and no lawyer or protection officer represents her, the case has to be dismissed in default.
You may better cooperate with your lawyer and follow his advice.