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bail498 (Junior Advocate)     12 December 2011

Dv act & summons over girl friend

Dear Experts,

In my case first 498a filed over me,my parents & my friend.

In 498a my firend had been excluded by police as he was not present at my home & chrgsheet submitted by police excluding my  friend.

In FIR my wife given my riend address residing at my home.When DV summons came at our house we have accepted mine & my parents summons.But did not accept for my friend as he is not living at our home.

My friend actually studying in other state.But time to time my wife giving differnt address of my friend living here & there .And court is granting her each & every demand for issuing summons to my firend.

What should be done in this matter?Kindly.suuggest..



Learning

 7 Replies


(Guest)

your GIRL FRIEND(though u r trying to hide it in the post) can not be a party to the case as she is not your relative .

But I would be very happy if there were a law under which such selfish girl can be booked.

kvss.prabhakar rao (Advocate )     02 February 2012

Dear DVC and Sec 498-a can attribute solely on relative of the husband. Unless there isno marital relations wiht any one nobody can charged under the above charges. Do one thing file squash petition before High Court . 

Shantanu Wavhal (Worker)     02 February 2012

friend can not be booked under DV.

but can be booked under 498a.

 

 

But did not accept for my friend as he is not living at our home.

 

@ absconded member, 

?????????????????????

Chaitanya_Lawyer_Mumbai (Lawyer)     03 February 2012

Friend cannot be booked in either DV or 498a.

**Vikram** (Managing Partner)     03 February 2012

Anyone who has not shared the same roof with the complainant cannot be made respondent in the DV case. Even if you have brought your girlfriend home for a few days, she cannot be made a respondent..cos she is not a relative of the husband...

 

 
Please refer below:
 
In the case of Harbans Lal Malik & Ors. Vs. Payal Malik reported in II (2010) DMC 202 DHC wherein in para No.11 & 12 it is observed that;
 
 
“It is apparent that in order to make a person as respondent in a petition under section 12, their must exist a domestic relationship between the respondent and the aggrieved person, if there is no domestic relationship between the aggrieved person and the respondent, the court of MM cannot pass  an order against such a person under the Act. Domestic relationship is defined under section 2(f) of the Act and is as under; 
“domestic relationship’ means a relationship between two person who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members living together in joint family. 

It is apparent that domestic relationship arises between the two persons who have lived together in a share household and when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are family members, living together as a joint family. The definition speaks of living together at any point of time, however, it does not speak having relation at any point of time, thus if the domestic relationship continued and if the parties have lived together at any point of time in a shard household, the person can be a respondent, but if the relationship does not continue and the relationship had been in the past and is not in the present, a person cannot be made respondent on the ground of a past relationship. The domestic relationship between the aggrieved person and the respondent must be present and alive and at the time when compliant under domestic violence Act is filed and if this relationship is not alive on the date when the complaint is filed, the domestic relationship cannot be said to be there”
 
 
You may file an application in the High Court u.s 482 CrPC and ask for quashing the summoning order of the magistrate..
 
 
She cannot file 498A also based on this allegation. She can only file divorce based on cruely grounds.
 
 
Vikram
1 Like

Shantanu Wavhal (Worker)     03 February 2012

But did not accept for my friend as he is not living at our home.

 

the author is talking about MALE friend.

why everyone is talking about girlfriend only ??

kvss.prabhakar rao (Advocate )     04 February 2012

Vikram is correct. DHC has given correct finding in Domstic violance case. In genernal relative of husband in the nature of marriage are icluded inthe DVC case. Such type of practise will adverselly effected the society at large 


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