Dva 2005
Querist :
Anonymous
(Querist) 10 December 2011
This query is : Resolved
Sir, I have three children and their marriage took place on the following years:
Daughter: 1999 (living separately since 1999)
Son : 2004 (living separately since 2004)
2nd son : 2007 (lived with us for 3 mths only
My second son's wife filed a DVA in July 2011 against my second son, me, my wife, my daughter, son-in-law, first son and his wife.
as if we were all living together jointly, which was totally false. The Respondents have separate proof in the form of Ration card for living separately. The petitioner has filed interim petition seeking repayment of dowry and 75 sovereigns of gold, while the fact is that no dowry was paid at the time of marriage and what was given to her in the form of jewels by her parents was known to us. Further, in her petition, she quoted two or three false incidents, which were totally false, after going separately within three months of marriage. We have filed counters for all the 7 respondents and the inquiry will be commencing at the end of this month. As respondents 4, 5,6 and 7 (daughter, s-in-l, first son and d-in-l respectively) are not willing to appear in the court for the sole reason that they were no way connected with this case.
How will the judge go in this situation? i.e whether he will order for compulsory appearance or he will accept the counsel's submission for non appearance in the court. Please explain
Devajyoti Barman
(Expert) 10 December 2011
1. Prma facie a case lies against all those persons irrespective of their separate residence.
2. However this gives it a great opportunity for them to challenge the summoning order.
Ask the persons who are separately staying to challenge the order of their summons in the sessions court.
3. Once the sessions court admit the appeal , Stay would be granted/As a result till the appeal is heard there would be no progress of DV case.
Till that time there would be no necessity for their appearance in the lower court.
V R SHROFF
(Expert) 10 December 2011
Agreed with Mr. Barman,
I further suggest that, though respondents 4, 5,6 and 7 (daughter, s-in-l, first son and d-in-l respectively) are not willing to appear in the court for the sole reason that they were no way connected with this case.
ALL MUST FILE THEIR V.P.
Court believe, even instigation by phone to create violence, those residing away are abettors, ans liable, being relatives of husband, and can influence husband .
Do not appear all dates. take exemption u/s 205 of cr.p.c. & otherwise also. there is no need for all of you to appear, your Advocate will look after it. [file VP of all]
GOD BLESS HARASSED HUSBAND & THEIR FAMILY.
Adv. Shroff
10-12-2011
Shonee Kapoor
(Expert) 10 December 2011
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 11 December 2011
Shroff has added some more important aspects.
