Dv act - quash for parents
Kumar
(Querist) 19 July 2014
This query is : Resolved
Dear Experts,
My DV act is running in JM court and Me and my parents are respondents. I have planned to file Quash for my PARENTS (ONLY) in Madras HC. During quash hearing, Should my parents appear in court?
Since i am one of respondent, may i file this petition and do the argument WITHOUT ADVOCATE?
Please reply. Thanks.
ajay sethi
(Expert) 19 July 2014
better engage an advocate to fight your case.
better fight DV case on merits . your parents need not appear before magistrate on each date . make application for exemption from personal appearance .
Kumar
(Querist) 19 July 2014
Dear Ajay Sethi, Thanks for the reply.
I understand that I have to engage a advocate for better fight in my case. But, My clarifications are:
(1) During Quash Hearing in HC, Should my parents appear in HC?
(2) Since i am one of respondent, may i file QUASH petition for my parents in HC and do the argument WITHOUT ADVOCATE?
Thanks in Advance.
Advocate. Arunagiri
(Expert) 19 July 2014
1. You should get exemption for the personal appearance by filing a dispense with petition.
2. You can file a Joint petition signed by you on behalf of other petitioners and you can argue the case as party in person.
But, I suggest you to engage a counsel for a better presentation.
Rajendra K Goyal
(Expert) 19 July 2014
If the quash is only for your parents, you can no argue on their behalf.
Sri Vijayan.A
(Expert) 20 July 2014
As you are not an advocate, you cannot represent your parents or others.
So, your parent has to engage an advocate.
If you are also party of the petition, you may represent yourself and others.
Further, It is always better to engage an advocate and deal.
Kumar
(Querist) 20 July 2014
Thanks for the reply Experts!
I am decided to file Quash for my parents and appear on my own in HC. For the possibility, As said by Expert Mr Arunagiri, I will file joint petition in HC. In this scenario, what could be my pray? my aim is to quash my parents.
Devajyoti Barman
(Expert) 21 July 2014
Then focus of quashing of your parents's name only. Unless you are a party to the case, you can not argue in person.
Have you done the homework for drafting and pleading? It is not a layman's job.
Kumar
(Querist) 21 July 2014
Hi Expert,
Yes, I already filed discharge petition as sub petition under sec 227 in lower JM court and did the argument on my own even though opposite counsel opposes my eligibility in argument . It was dismissed in the ground of "main petition is civil in nature and needs to go through trial". JM judge was biased. Since my in-law worked in that same court. I am going to use the same petition content in HC with additional point that "may parents has separate household in another city,since my mother was worked in that city at the time of DV filing". my friend lawyer is also advised the same. But, i wanted to do argument instead of lawyer. So trying to include me in this petition and asking the advise in this regard.
Thanks.
ajay sethi
(Expert) 21 July 2014
in DV cases high courts are generally reluctant to quash petition . it is better you fight case before trial court on merits
Nadeem Qureshi
(Expert) 21 July 2014
Dear Kumar
(1) During Quash Hearing in HC, Should my parents appear in HC?
Opinion: there is no need for personal appereance of your parents before HC.
(2) Since i am one of respondent, may i file QUASH petition for my parents in HC and do the argument WITHOUT ADVOCATE?
Opinion: no you can not argue the matter on behalf of them, you have to need a lawyer's service
Kumar
(Querist) 22 July 2014
Thanks Experts,
As expert Mr. Arunagiri said, i will file joint petition for QUASH in HC for all (Me+ my parents) and appear for arguments on my own. Hope, this should be allowed in HC
Raj Kumar Makkad
(Expert) 22 July 2014
If you effectively put your case with the support of relevant judgments, you shall definitely get relief as desired.
