Dear All experts, 28/05/14
In a DV case some of the family members has submitted the drop application against them on the ground that applicant has never stayed and shared the shared household but as usual lived for a temporary period which does not constitute as maintaining the domestic relationship and requested to delete their name.
Applicant submitted the photocopy of doctor prescripttion taking the treatment in in-laws metro city for 15 days and argued that she has lived in the city where her in laws are residing. Fortunately husband is doing business in other city where both the spouse and kid is living separately.
Hon’ble judge has thus rejected the family member application.
1. Is it photocopy of any documents can be consider the deciding factor in a serious DV act.
2. How based on only doctor prescripttion that is photocopy it can be established that yes she has maintained the domestic relationship and lived with in- laws sharing the shared household and thus liable to rejected the above application .