Reply format for maintainability of discharge in dv

This query is : Resolved 
 

(Querist)
21 April 2019

My wife not with me more than 13 years. files false Dv.
I prepared discharge with evidences. Judge allowed CMP. He returned and ask for maintability.
please guide me with format and general content of maintainability of my discharge petition.
If reply can be given as a memo. if yes please provide with me memo format or other suitable format.
Urgent help requested.
thanking you,
high regards,
ganesh


Dr J C Vashista (Expert)
22 April 2019

No such format existed, it is to be drafted as per complaint and its reply.
Consult a local prudent lawyer for further query, better appreciation of facts/documents, guidance and proceeding.

ganesh (Querist)
22 April 2019

Thanks to you Dr. Vashista,
I request more information on this as
1. in my CMP petition to discharge from DV, i narrated all facts and attached evidences of non maintainability of DV. Judge allowed my CMP. But, returned it for maintainability. Under which section discharge in DV is maintainable. Can i quote CRPC Sec 239 which says Court has to weight documents from either litigants to proceed in trial.
2. Some people say Discharge in DV is not possible.
kindly clarify.
Thanks for sparing of your time.

P. Venu (Expert)
22 April 2019

In my understanding you may rely on the provisions of Section 28 of the DV Act:

Section 28 - Procedure:
(1) Save as otherwise provided in this Act, all proceedings under sections 12,18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Nothing in sub-section (1) shall prevent the court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23.

ganesh (Querist)
22 April 2019

Thanks to you Mr. Venu Sir...



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