Amol (Citizen of India) 12 May 2010

Domestic Violence

I have recently been slapped with a Domestic Violence Case in Gujarat and due to my inability to understand gujarati have asked the complainant to provide me with English translated copies of the matter. The court has ordered for translations which have to be paid by me.

In the mean time i accepted the free copy of the case in gujarati. To my surprise the complainants in my copy are

1. Wife

2. 19months son.

The complaints (form 1-3) and the case put forward before the court is signed by wife.

The summons that I have recieved are having the following complainants:-

1. Father In Law(FIL)

2. Wife

3. 19months son.

On inspecting the original complaint I have found that the signatory of all is still my wife. How can my FIL force himself in this case where-in he hasn't even signed a single document? The only edition is in pen where my FIL's name seems been added as a last minute addition.

Can i file 420 on this basis on my FIL and wife? Can i move to HC for quash of this case?

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7 Replies

(Guest)

1. Your FIL or her FIL double check that bze "DVA" is though clumsily drafted as per Hon'ble SC but I doubt application drafter to be that clumbsy here ! Never heard FIL that is your wife's father as co-Complainant
2. This is interesting emerging trend 9sort of attainign new heights each day by DV the Great Act) so educate me too on abv para 1 answers.
Rgds

Gundlapallis (Advocate) 13 May 2010

A complaint under DV act can be filed by the wife herself or by somebody on her behalf - wife and this 'somebody' jointly filing a complaint is ridiculous and another blunder making 19 months old child an independant complainant. However, these things are not going to be fatal to the complaint. If the lower court admitted the complaint as it is, you can only make it corrected by approaching the higher court. You will not benefit from quashing of charges against you just for these mistakes.

adv. rajeev ( rajoo ) (practicing advocate) 13 May 2010

it is very wonder your FIL is also party to the DV Act. A nrew case. is made out by your FIL. You do one thing file an application regarding maintainability of the petition, if it is allowedt then itz OK but not, then approach the High Court.

N.K.Assumi (Advocate) 13 May 2010

Who know in the near future under the wings of DVA a child in the womb may also become a party to the case.

N.K.Assumi (Advocate) 13 May 2010

Thanks foe the inormations

Amol (Citizen of India) 13 May 2010

The last minute edition is My wife's father and "anybody" can be a party to the case. but the question is can a person who has not signed any documents become complainant-1? I am yet to confirm if there are signatures against the corrections but isn't this tampering of the judicial system?

one more detail for quashing the case is Form-2 contains a sworn affadavit saying my wife stayed with me in vadodara from 2005-2008(false/mistakenly put ) and all incidences have happened in Pune.