Quashing petition against domestic violance act
Mayur
(Querist) 02 August 2012
This query is : Resolved
Dear all respected sir,
I was married in 2002. From the starting of marriage life, my wife left me so many time & last from 2006 we are separated. I am facing a 125 in 2008, 498 from 2010, 496 from 2010, 127 in 2010. Now domestic violence case filed in 2011 & first summons got in June 2012. My lawyer told me that on the ground of long time period of 6 years of separation, quashing petition possible so please give me a quashing judgment against domestic violence act. If possible from Gujarat High court, other high court & supreme court.
Devajyoti Barman
(Expert) 02 August 2012
I regret to inform you that this is not aground of quashing.
If you go for it that would be wastage of money and time.
Fight it on merit.
ajay sethi
(Expert) 02 August 2012
generally courts are reluctant to quash Dv case . the judgements provide that you have to face trial .make your submissions before trial court . if aggreived by an order passed by trial court you can always appeal .
SAINATH DEVALLA
(Expert) 13 August 2012
Yes,Mr.Mayur,
Forget about quash and fight the case with merits.Though I am not aware of the contents of her 496 and 127 petition,I don't think those 2 will sustain.
