Domestic violence case parents name removal
Mikin Shah
(Querist) 26 December 2018
This query is : Resolved
Hi,
Pl. advise how shall I proceed for parents name removal under DV case.
Here below is the case summary:-
1. Wife left Singapre(SGP) based matrimonial house in June'2013 after 4 years staying together with Husband and his parents. During the separation, wife did settlement before the Indian High Commission. No such physical / mental harassment complain made in SGP before the Indian High commission. I have settlement report as well.
2. After reaching India, September 2013, wife filled Divorce and CRPC 125 on cruelty grounds. Husband contested both cases. Divorce not granted to wife. Maintenance case final order still pending before the court.
3. Approx. Two years later In 2015 February, parents visited India for social customs, wife filed 498a and DV cases to harass them.
4. Husband and Parents challenged 498a case in Gujarat High Court under section 482 and quashed all 3 names. In the Judgement copy, Honorable Judge has clearly mentioned,
"As usual, in a dispute between the husband and wife, the wife has implicated the parents of the husband too."
5. Only Parents name pleaded for DV case in Gujarat High court under section 482 as allegations in 498a and DV cases made same and 498a criminal case already quashed. However, Gujarat High court Judge rejected petition for quashing and advised to appeal under section 29 of DV Act.
I have below grounds to contest for parents name removal.
1. 498a High Court Quashing Judgement Order,
2. DV case filled after 1.7 years separation (Separation Date : 29/06/2013 and DV case petition date : 19/2/2015),
3. No such report in SGP Police and Indian High Commission against Parents harassment,
4. Parents did not visit wife's home as per incident date/time mentioned in DV petition, as they were in different city and doing cash withdrawal from Govt. Office (Post office) exactly at the same date/time mention in DV petition, No such merits as per allegations made.
I want my parents to be out of from family cases soonest possible. Pl. advise how shall I proceed to appeal under section 29 of DV Act. Pl. also share, If any recent judgement copies for parents name removal under section 29 of DV Act.
Thank You in Advance,
Best Regards
Mikin Shah
(Querist) 27 December 2018
Dear Prasanna,
I doubt you're advocate or not. Perhaps you didn't read the full details and didn't understand my question. I didn't go high court without advise. Hope you understand that.
For Judgment etc., it seems you have less experience as well then only I can expect to see this kind of reply from Advocate like you.
Mikin Shah
(Querist) 28 December 2018
@Prasanna,
I don't want to say anything more as your reply shows your mentality and destroying image of other good lawyers as well. Perhaps you don't understand men's problem and your suggestion is to pay heavy alimony is totally bullshit. Even Honorable Judge's also not supporting my wife to pay her heavy alimony in my case then who are you to advise me that. Good people always advise to fight back when you are innocent. You guys only worked for extorting money from Men. Also, I do not need my character certificate from people like you. My parents always feel proud on me.
LCI is not the platform for asking money by lawyers. If you're so interested to have money first then better you should leave LCI and join other portals. Anyway, your reply already shows you're no longer expert or sensible to advise. And finally I wish that you or your family won't pass through in similar issues because ultimately karma also hits back.
