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V.S.Rajaram (Advocate)     11 June 2011

DV Act

Whether discharge petition can be filed in Domestic Violence Act?



Learning

 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     11 June 2011

No.

Saurabh..V (Law Consultant)     11 June 2011

@Adv Archana

 

Why ?

 

//peace

/Saurabh.V

Adv Archana Deshmukh (Practicing Advocate)     11 June 2011

@Saurabh.V

Because there is no framing of charge in a DV application. So, there is no question of discharge in it.The respondant is not an accused in ia DV case, he becomes accused only when he breaches the protection order of the court. 
1 Like

lalitkumar bhandari (advocate)     12 June 2011

there is no such provision under DV Act .but you file the application for strike out /deletion of the name.see judgement of delhi high court malik v/s malik 2010

V.S.Rajaram (Advocate)     13 June 2011

Sir, can u plz tell me how deletion / strike out application is maintainable and under what provision and also plz tell me the citation or date of judgement of the malik v/s malik 2010 of delhi high court.

Thank you,

pujols20 (Techie)     03 July 2011

Lalith,

 

Are you talking about this judgement as attached ? or it is something else?

 

also please clarify how the deletion/strike out has to be initiated ? Can it be done in trial court itself ? is there any timeframe within which the deletion/strike out has to be initiated, for example, before trial begins etc or no such constraints ?


Attached File : 95776 191410 42 razia begum vs state nct of delhi ors on 4 october 2010.pdf downloaded: 109 times

lalitkumar bhandari (advocate)     04 July 2011

sir,sorry for late reply!date of judgement is 29th July 2010 of the said judgement.please go through the defination of domestic relationship and respondent under Dv Act.

lalitkumar bhandari (advocate)     04 July 2011

Pujols

for deletion/strike out of the name you can file an application in trial court itself.but you have some prima facie evidance to show the same.there is no such constraints to file the application but it depends upon the circumstances!I am relying upon the judgement of Delhi HC July 2010.Malik v/s Malik.

pujols20 (Techie)     04 July 2011

Dear Lalit,

 

Thanks for the reply.

Is there any specific section to be used to delete/strike out the names? If so, please give the details.

Amit Parmar (Junior Lawyer)     05 July 2011

Dear friends

                  At present i dont remember the judgement of the Delhi HC where it was held that if the applicant has not ask for any reliefs against the other respondent ( Relatives and Family members of the Respondent ) then in such a case they can be deleted by the court, otherwise it is misuse of process of law .......

                  So if the applicant has not asked for any relief from the other Respondent  then they can be delet ....

                  


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