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tejas lal (teacher)     22 October 2011

Need help in dv

Dear All,

Please provide/suggest me any High Court/Supreme court judgemnts in pdf /web-lnk,in which women/ firend of husbnd in DV act had been excluded.



Learning

 6 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 October 2011

How can friend of husband be a respondent in DV in the first place?

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

tejas lal (teacher)     31 October 2011

Dear Shonee Kapoor Sir,

In my case this situation happened.First,in 498a she had admitted my friend name in fir that my family members & my friend beaten her.Then,with same reference of FIR she had admitted uder DV act.My friend had been excluded by police in 498a by giving his statement that he did not stay at my house or came at my house since 4.0 years.But,in DV act we have received summons from court including my friend .We had accepted the same but my friend had not accepted the same because he his not living at our home.She had given my friend adress living at our home.What should be done for my friend to avoid him in DV act?Please suggest me...

Tajobsindia (Senior Partner )     31 October 2011

Shonee bro.,

The damage to a friend's reputation has already been done so your QUE. of Bharat Ratna DV Summoning a friend is bit late now. It may be error of application of mind by the
concerned Magistrate Court as Bharat Ratna DV Act is extra ordinary 'prime facie' and best piece of women's legislation ever enacted is my view.  In front of this brand new Act S. 498a IPC is history :-)



@ Author


1. Now the procedure which your friend is forced to act upon is to approach same Court and get his name quashed / removed stating “he knows you that is all and came on your wedding to gift / bless newly wedded couples and danced a lot in front of your wife that D – Day and since he has a jolly good social nature your srimati ji extraordinarily remembered him and when your matrimony was on fire she made it a point to settle score with all friends and relatives of yours in sundry and hence my name be quashed form list of arrayed parties and he has nothing to do with you post matrimony and no relief is asked against him and he never lived in shared matrimonial home etc. etc.” and this time Magistrate Court will be amused and obliged to remove your friend's name. But the moment he does that your lovely srimati ji and her so called advisers will make no stones unturned to keep your firend still arrayed as one of the respondent till he is now this time forced to approach Sessions Court and or may be HC for quashing of his name from list of arrayed parties. Here what will happen is that his time, money and reputation is all taken for a ride by extra ordinary powers of summoning PRIME FACIE usage of Bharat Ratna left and right by metro wives now-a-days so what could anyone do other than run from one Court to another to get name quashed by not only spending huge sum of money / time / reputation in society but at the end he will be no more remain friend in need to you also so one friend from your list of friends you must get prepared which is nothign but selective alienation theory in practice SHE is playing upon by targeting selectively the very society that you keep. Thus Bharat Ratna DV Act targets society to break down it nor husband is also one of the larger view. 


BTW, is she asking any relief from your friend? If not then also it becomes strong ground for quashing his name but then all those running around he cannot avoid now even if he has not been served upon till date as you say. This last two words you may ask me once again when end of DV suit is nearer and you may arrive at some compromise or whatever the ned is all about and your friend name is still hanging around in list of names no matter if he never appeared before that Court which is the beauty of criminal proceedings attracted to Bharat Ratna DV Act and yet my ld. brothers here say it is civil in nature
J


This is how selective misuse of women favoring Acts have come into picture and highlighted many a times which many time pass metro wives writers here will choose to ignore reading and keep talking nonsense on budgetary spread sheet on 6 k maint. to a wife seeking double alimony from two husbands!. 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 November 2011

:-)

 

Once NBW were issued by a Ld. JMFC of Gujrat against President and Prime Minister of India.

 

But the judge was suspended and later terminated.

 

So, please take a cue and get the name removed.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

rajiv_lodha (zz)     05 November 2011

Is there any scope of DEFAMATION SUIT/PETITION by this friend against this wife when he is set free; to teach her a lesson!?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 November 2011

No defamation doesnot lie, as the allegations might be true.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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