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Hari   24 July 2016

Removing names of respondents

Dear Lawyers,

 

My wife filed a private DV complaint in JMFC court. She named my parents who are innocent and do not live with her as unwanted respondents.

 

The point is that she did not make any claims against my parents. My parents are not even legally responsible to maintain her.

 

Please explain me under what section or how do I remove the names of the respondents in the original complaint.

 

Thank you

 

Hari



Learning

 2 Replies

Vibha   24 July 2016

  1. In your written statement clearly mention that no domestic relationship exists or has existed between your parents and wife and that there are no specific allegations against them.
  2. Ask your lawyer to plead with judge for removal of their names as respondents and also file separate written application for same.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     24 July 2016

Yeah.File a separate written application u/s 28 of the DV Act seeking deletion of their names from the array of the respondents. There are a lot of jjudgements which shall manage to sustain and support that stand  of yours.

If you want , you can show me the petitiin and I can give suggestions

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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