25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ramesh (student)     18 May 2014

Domestic violence

Wife impleaded all the members of the family in DV ACT.

 

Please guide as per below queries

 

1. Metro court did not give application of the wife on 1st hearing and only provided the DIR copy along with the RELEVANT FORM NOS.

 

2. Original application was provided by the court after 2 hearing in the case

 

3. Parents of husband submitted the discharge application on the ground that the son has left their company before marriage and established a separate household at other city and till date after marriage not lived with his parents ---thus not a member of joint family before marriage

 

4. Wife never stayed with parents of son and she was with her son at the place of his business service after marriage and only for reception and going to honeymoon she was with her in laws and on some occasion for a temporary period. Thus not maintained any domestic relationship, and shared the shared household-

 

5. On the wife side there was an oral argument and copy of parent’s argument was supplied to wife and the main thrust of the wife was that she was with her parents in law for treatment of her daughter and encloses the medical prescripttion of a doctor.

 

6. Pareents of husband submitted written arguments highlighting the version of the wife wherein she has submitted that she was with her husband on such and such time on three places for considerable long time and thereafter come to her parental home before 4 years and thereafter never visited nor the husband place of working nor his parents place.

 

7. Wife was silence FOR 4 YEARS after coming from the husband place and first filed maintenance case CRPC 125 in which her claim was rejected and maintenance to child was granted.

 

8. Aggrieved by above she filed A DV ACT to all the members of family after 5 years after coming from the husband place and parents of son at that time was also living in another city

 

5. Parents of husband has also submitted various cases of various high courts wherein it is decided  that if family members did not stay together with complainant as joint family and stayed separately, cannot be made respondent and if family members not shared the shared household nor maintain any domestic relationship cannot made respondent etc etc

 

Un fortunately the judge has rejected the discharge and drop application of the parents of son even after having so many grounds and evidences.

 

Kindly inform the suitable solution because it is prima facie clear that  under the circumstances the  judge has taken full support to wife and was bias with husband.

 

 



Learning

 5 Replies

satish bhaskar (Litigant)     18 May 2014

Let the case run it's course. Or appeal higher.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     18 May 2014

Is it a student query or real problem.

 

There are easy solutions if it is real problem.

Ramesh (student)     23 May 2014

Shri Laxminarayn sir,                           23/05/14

It is 100% real case and no hypothecation

It is running in a metro court.

Please inform the easy solution.

 

Evenmore (Private)     24 May 2014

There are many judgments about the Domestic Violence case. Main ingredient is Shared household. You have to prove that you were not living in as a joint family with your parents. That is foremost & important.

 

On what grounds did the judge dismiss the discharge petition. If the grounds are incorrect, go to HC with a quash. But it may take long time.  Otherwise, you can fast track the case in the lower court itself by filing a petition on your parents name.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     24 May 2014

You should have gone in revision at the first place since same court has no power to recall its process or notice once issued.

 

There are still many technical issues raise them prior to trial and can come out of it easily.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query