Procedure to remove family member names from dv and 498a case
Zuniee
(Querist) 11 June 2014
This query is : Resolved
Hello All,
Shall greatly appreciate if some one can guide me on how to remove/quash my family member names from DV case as well 498a case.
1st Priority is DV --
a) How to remove respondent names, currently case in Evidence stage.
b) Difference between quashing names and discharging names
c) pros and cons of removing names from respondents
PS: Respondents are Parents, sisters and brother
Any response help is greatly appreciable..
Devajyoti Barman
(Expert) 11 June 2014
1. Without going through the case history it is hard to make comment on merit of the case. In any case removal of name from DV proceeding is highly unlikely and during evidence it is no more possible.
2.However since prayers in DV cases hovers around maintenance reliefs, the order makes effect on husband only even if names of others are there.
Sankaranarayanan
(Expert) 11 June 2014
What is the facts of case. Are you living joint family system ?
ajay sethi
(Expert) 11 June 2014
contest case on merits . at evidence stage court wont remove the name of family members
Rajendra K Goyal
(Expert) 11 June 2014
Consult some senior lawyer and show him the case file.
Guest
(Expert) 11 June 2014
When the case comes within the jurisdiction of a court to decide, particularly at the evidence stage, the only remedy rests in effectively defending the case on merits.
R.K Nanda
(Expert) 11 June 2014
consult local lawyer.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
As rightly observed by experts, at this stage of the case, it is better to challenge the same on merits instead of trying this futile exercise.
Raj Kumar Makkad
(Expert) 17 June 2014
You have rightly been advised by experts.
Zuniee
(Querist) 08 July 2014
Respected Sirs, Many thanks for your replies.
1)Me and my family members are getting harassed every day, we have a false 498a & DV case
2)@Ajay sethi Sir, I'm not familiar with legal terms, can u pls tell me how do I find Merits in case
3) Now with these replies I understand my whole family has to travel to attend DV dates. Any procedure to get absent permission
4) My 498a case also came to same court (JMFC) where my DV is running after 6 dates Judge sir told committal is over, now I checked online case status shows as disposed. My lawyer sir told now you have to wait for summons, its been 4 months I have not received summons. implicated in sections 147,498a,323,504,307,149, two more included)
a) Can some one tell me what is committal
b) How much time it would usually take
c) How much time case would run in court
d) As per my understanding again parents, all my sister and brother has to appear court. May I know to take absent permission
5) With little reading online I can understand its happening everywhere, but still can't believe why my parents and sisters, brother have to be included.
-- they never stayed with all all are 1000Kms where we lived. My wife use to beat me if I spoke to them, I stoped speaking only. it was arrange marriage, hardly stayed for 1.5 days after marriage date. I had given phone also after marriage, after two years came to know she had one more phone and SIM card. After 3 years of marriage one fine day (Saturday)she said is going to her mother place, I told her I will drop her and in morning hours when reached there she completely changed her behavior. In front of her mother house on Road, mother and her sister and my wife abused my in bad language and called me inside and asked if I have any money now. I didn't had any, before going only (A week before) I had spent 5000 in house. Then they said, we have marriage now in our family she will come after 10 days, I came back to my work place I tried calling her on phone but it use to switch off or not reachable. In between I took her to doctor also for not having kids, TB, Eye Lens every time I took her to hospital X-ray everything. but she had mentioned I never took her to hospital. I use to cook as well as brought hotel food also.
Now this is my fate, after doing all love. She taught me a good lesson. Website like this helps me I can prove my and my family innocence. We never like this, now we are outcasted people, living on mercy .. more importantly my mother is suffering... All we want court to say this all false, you can go home now.
Please help
Raj Kumar Makkad
(Expert) 12 July 2014
Personal presence of the respondents is not required in DV case. Even your case stands disposed off so there is no occasion as on day to care about that case.
So far another case is concerned, it has been sent to sessions court by trial court as the same is triable by Sessions Judge and you shall to appear there after after receipt of notice from that court.
Zuniee
(Querist) 16 July 2014
Sir Raj Kumar makkad Sir, usually how many days it takes to get notice from courts .. its 4 months over now ..
1) what is committal procedure in lower court done -- in this case after that only they sent to higher court.
Raj Kumar Makkad
(Expert) 16 July 2014
1. Generally after submission of the charge-sheet, immediately notice to the accused persons is sent by the court.
2. Court takes into consideration the mterial put forth by prosecution and accordingly being the issue to be tried by higher court, makes an order forwarding the case to that court.
T. Kalaiselvan, Advocate
(Expert) 16 July 2014
Since the judicial magistrate court has committed the case to the sessions court because of the implication of section 307 IPC (Attempt to murder), you may have to wait for the summons from the sessions court, this is in connection with the alleged 498a and other sections of IPC. Your DV case will continue to be tried by the JMFC court itself.
As far as the appearance is concerned, you may ask your advocate to file a petition u/s 205 cr.p.c. requesting the court to dispense with the personal appearance.
