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Rajesh Kumar (Asst. Manager)     07 March 2014

Domestic violence case

Hi all, 

i need Aquino advice and suggestion. My wife filed 498A in 2012 and now she filed a DV case on me, my parents and sister. My parents have never stayed with me and my sister never visited us ever. My lawyer informed me that if I want to take out my parents name from the case completely he will have to send the Vakalatnama for all the 3 in the high court which will cost 10000 per person. And if I just want him to appear on behalf of them then 5000 per person. Is that right???????

can a Vakalatnama be submitted to remove members from cases or get a stay ....... I am confused pls hElp it's very urgent.


 4 Replies

Gautam Kapoor (IT professional Studying Law)     07 March 2014

Rajesh - Vakalatnama is a document in writing, appointing a lawyer or pleader to represent the clients matter in a court of law.

Though your family members have never stayed with you the cases are framed as such to bring the whole family members in the case to compel you to pay money. THIS IS NORMAL.

In DV you can ask your lawyer to remove the name of female members of your family who have not stayed with The protection officer who is in charge of the DV case will have to be shown the proofs.A prior investigation will be done by the PW before sending the report to the court.

In 498a if the case is filed ask your lawyer to get anticipatory bail for all the family members alleged.

Im not sure on what basis your lawyer is asking 10000 per person. Normally vakalatnama will be filed by your lawyer representing you. Then he/she will handle the case wherein he will remove the names of the family members wrongly alleged. This is not per person but for the whole case.

You have good lawyers in this forum  who can further assist you .


fighting back (exec)     08 March 2014

rightly advised by gautam

Rajesh Kumar (Asst. Manager)     08 March 2014

Thank you so much for that knowledge makes sense. I definitely need some guidance n help on this case.

somesh (na)     08 March 2014

Dear Experts 

what would be the charges for obtaining anticipatory bail taking into consideration that husband has filed rcr already?? will it be calculated per head or for whole case?


thanks in advance


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