Dear All experts,
My DIL has filed a DV case on all the family members whereas the family members never stayed with the DIL .Out of 12 years of marriage period she lived the son i.e. with her husband only hardly for one year and rest of 11 years lived with her parents. There is one daughter aged 8 years.
Though for customary occasion and for reception and going to honeymoon she stayed with us for a temporary period.
We have submitted a discharge and drop the name of family member’s application to the court highlighting therein with evidences that
1 Son is not a member of joint family
2. Aggrieved person has not maintained any domestic relationship with family members nor shared the shared household.
Allegations in the DV case are vague and general and not specific because no any date, time and place has been mentioned.
We have quoted 14 judgments of various high courts in our argument which says that if family member never stayed with the aggrieved person they cannot implicated in the case whereas the aggrieved person has not submitted in her argument any supporting cases.
Unfortunately the court has rejected the application and copy of which is still awaited
It is prima facie apparent that judge is bias and prejudice and blindly supporting the aggrieved person.
Please guide how to proceed further and what should we do for change of the court and where the application for the change of court is to be applied.
The case is running in a metro court