Domestic violence

Sujith (Querist) 15 November 2013 This query is : Resolved
Dear experts,
pls let me as i posted earlier i am booked under dv act and my brother,my mother and father are also respondents.case is in delhi and my father and mother are from private sector and retired from the company.and they returned to kerala which is our hometown.they are only getting 2000 rupees as pension.now they are not able to attend the case becoz of financial condition.

1.if they didn't attend the case will the court issue arrest warrant?
2.can they apply crpc 125 for come to delhi for attending the case.
3.my bother is studying engineering as he is unemployed can he also have the right to apply crpc 125?

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Devajyoti Barman (Expert) 15 November 2013
1. They need not attend on every date. They can even file petition u/s 205 crpc for exemption of attendance.
2.No
3. No

I repeat there is no need to attend on every date.

Nadeem Qureshi (Expert) 15 November 2013
Dear Sujith
1. Personal presence is not mandatory for them, file an application for personal exemption before court u/s 205 of Cr.P.C. as advise Mr. Barman.
2. if they are unable to maintain themselves then they can file a maintenance petition before court against you to get maintenance u/s 125 of Cr.P.C.
3. brother is not dependent on you legally so he is not entitled to file the maintenance petition u/s 125 of Cr.P.C. against you