Dv quash at later stage of trial
Parth Chandra
(Querist) 06 February 2012
This query is : Resolved
Hi Experts,
below are some facts of the my DV case and request your inputs for a DV Quash appeal which I am planning.
1) I am fighting a DV Case which is at respondent's cross examination.
2) DV Was filed after 1 year of separation at different location (her hometown) than my home town or our ordinary residence.
Based on above facts, my confusions are as below
1) Can I file DV Quash petition on limitation and Jurisdiction grounds at this later stage of the trial?
2) Can I use her reply in her cross-examination in my Quash petiton?
3) Is this quash petition has to be filed in HC or in sessions court?
4) What according to expert like you are the chances of this appeal getting succeded?
Thanks a lot for your kind attention and would be very greatful if you could guide me and I would love to do my bit to get a solid quash petition to enlight millions of sufferer.
Awaiting your reply,
Regards,
Parth
Devajyoti Barman
(Expert) 06 February 2012
These are all no grounds for quashing and that too when trial has started.
Do not waste time and concentrate on trial.
Nadeem Qureshi
(Expert) 06 February 2012
Dear Parth
The incident of DV & the filling of the case, if the diffrence is more then one year, so limitation act will be applicable & the case may be quash, you should filed a quash petition before HC. gernally it should be filed at early stage but no need to worry it is a strong point for quashing.
feel free to call
Parth Chandra
(Querist) 07 February 2012
Thanks Devajyoti,
Can you please let me know the reason why it could not be started at later stage of trial or any citation? I am planning for this quash petition and any citations or act supporting what you are saying would greatly help in taking the right decition.
Thanks Nadeem Sir,
Can you kindly let me know the chances of such petition getting succeded in DV based on mentioned grounds (Limitation and Jurisdiction) along with any citations which you might have?
Thanks for your valuable time.
Regards,
Parth
ajay sethi
(Expert) 07 February 2012
the trial in DV case has already started . respondent is being cross examined . at this stage high court would be reluctant to quash the DV complaint . at most directions may be issued that DV complaint be disposed of within specific period
Parth Chandra
(Querist) 07 February 2012
Thanks Ajay Sir,
1) But what if respondent is not interested in gettin crossed examined and why should he if the trial is invalid after limitation period?
2) Why should he reveal critial details which may expose his defence in other cases?
3) The moot question as per my understanding is - IF SOMETHING IS NOT VALID SINCE BEGINNING THEN IT SHOULD NOT BE VALID AT ANY STAGE OF THE TRIAL, ISNT'T IT?
4) Why should he bear the expense of finishing his cross examination which may take 3-4 dates and after his own witnesses and then argument along with hunting for citations if THIS POINT OF LIMITATION AND JURISDICTION IS GOING TO MAKE THIS TRIAL INVALID?
5) why should he suffer for more time and after that for revisions and appeal from either side?
Kindly enlighter me sir if there is a specific logic in continueing a trial which has genuine technical points making it invalid?
I am just trying to understand prons and cons of filing for quash.
Regards,
Parth
Shonee Kapoor
(Expert) 10 February 2012
You can always submit an application for discharge in the same court.
You can also try your luck in quashing.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
