Quash

Querist : Anonymous (Querist) 16 December 2011 This query is : Resolved
Dear sir,

My wife has filed a DVA thru the Protection.Officer on me & my family. Even before receiving the DVA main I had filled the RCR for reunion on her. In DVA she asked maintenance and Relief. In RCR I asked for child visitation[3yr male]. Now it is the time for inquiry on the next hearing. I have planned to file a case in chennai HC to exclude my family members[sister, sister-in-law, brother , brother-in-law] for not coming to court.

-As in the main DVA she said that my family members are threatening her to give divorce & Second Marriage for me. But when we asked before the judge she said she is not willing to rejoin in DVA.
- The fact is we both are in same idea to rejoin. But her father wants to revenge my parents due to some reasons.

Q:

- What is the procedure to quashing of exclude my family members.
- We have been separated from May 2011.
- What should be my next step. Can she put a 498A on us..

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DEFENSE ADVOCATE.-firmaction@g (Expert) 16 December 2011
Quash is not simple , contest properly in lower court you can win.

Power of defense is immense. Facts are only door to truth so its appreciation differs from person to person. Truth is never absolute.
Power of defense is power of negative. Darkness is perpetual , light has to be sustained.

Raj Kumar Makkad (Expert) 16 December 2011
-None among you or your family members are required to attend the court personally as your lawyer can represent you all. There is no such provision in this Act to attend each and every hearing. It is like a civil case.

-This is only an information and not a query.

-She can file such case. The possibilities cannot be ruled out but your approach should be to reunite for the welfare of your children and your family life.