Quashing of false. d/v complaint
V.N.K. MENON
(Querist) 06 September 2017
This query is : Resolved
(A) I, as Respondent-3, filed on 28 August a petition in High Court for quashing of complaint filed by estranged daughter-in-law u/s 12 PWDV Act before MM. Next date of hearing before MM is 13th November.
(B) The reason of my plea before High Court is that the matter became time barred u/s 468 CrPC interalia, as there was no domestic relationship in existence for more than 1 ½ years (with proof) and is time barred and MM was erred in proceeding with the matter, relying upon Apex Court Judgments.
(C) The matter came up before the High Court and heard and has now been listed for 18 January 2018. The opposite party WAS NOT PRESENT & REFUSED TO RECEIVE NOTICE OF MOTION sent by Speed Post by me and the same was received back.
(D) No ADDRESS OF THEIR ADVOCATE WAS GIVEN IN THEIR [CERTIFIED] COMPLAINT WHICH WAS POINTED OUT AT THE TIME OF REGISTRATION IN THE HIGH COURT AND HENCE HE IS UNREACHABLE.
THE QUERY : What next feasible step I should take.
SHALL BE GRATEFUL FOR VALUED GUIDANCE & COLLECTIVE WISDOM OF EXPERTS.
V R SHROFF
(Expert) 06 September 2017
Should not ask quashing of Application u/s 12 pf PWDV Act.
As Respondent No. 3; I think you are Father in Law of Applicant. ; if so; can apply to discharge you .
V R SHROFF
(Expert) 06 September 2017
Apply for Discharging you at lower court [MM Court] itself; So no need to send any notice . You have her Application u/s 12 with Address of her Advocate c VP; and also her Address. You can as well serve any Notice at her last known address; as Registered by her in her MM Court Application. [ It is not Complaint; You are not accused]
V.N.K. MENON
(Querist) 07 September 2017
The crux of the matter in a nut-shell is:
1) I am not a proforma respondent
2) Serious false, fabricated and specific allegations have been made against me as well as each and every respondents individually.
3) I have been granted exemption for the day only in the impugned order of MM.
