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Tendency of impleading tenant in dv case

 

Tendency of impleading all and sundry including tenants in domestic violence case is deprecated

 
  1. In the petition filed by respondent no.2, apart from arraying her husband and her parents-in-law as parties to the proceedings, has included all and sundry, as respondents. To say the least, she has even alleged certain actions said to have been done by the tenant whose name is not even known to her.
  2. In a matter of this nature, we are of the opinion that the High Court at least should have directed that the petition filed by respondent no.2 be confined to her husband as also her parents-in-law and should not have allowed the impleadment of respondent nos.4 to 12 .                 Ashish Dixit & Ors. Vs. State of U.P. & ANR[Criminal Appeal No. 43 of 2013 Special Leave Petition (CRL.) No.8522 of 2010]
  3. citation;2013(1)crimes216(sc)
  4. https://www.lawweb.in/2013/03/tendency-of-impleading-all-and-sundry.html


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 1 Replies

Tajobsindia (Senior Partner )     19 March 2013

That is why this Act, 2005 is referred in prudent circles as Dream Violence Act and day is not far when washer man, milkman and mom-n-pop grocery store owner will not find themselves respectively arrayed as Respondent # … onwards all for Apex Court to sit and clarify.

What a true investment of Apex Courts resources this Act, 2005 aims to achieve when same could be quashed at Sessions level afterall as per Apex Court all Sessions cases should now run on daily basis?


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