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Kunal   02 July 2016

Dv case exclusion of respondents name

Dear Sir/Madam,

I am a junior researcher working outside India. I got married 3 years ago. my wife joined me after 10 months after marriage. But before joining me here she had filed a false police compliant alleging torture and dowry demand against me and my family members. The matter was amicably settled in the police station as both of us agreed and decided to give another chance for our relationship. 6 months ago, she deserted me and returned to India to file a DV  case against me and my parents. We have appointed an advocate and fighting the case. I am trying to get my parents name excluded from the list of respondents as they never lived with her. But untill now without success. can anybody please give me some guidence on how to proceed? (during her stay in india my wife was working and living in a different city and rarely visited my parents and after joining me here we visited my parents 2 times)
Your suggestions will be of great help.



 13 Replies

KS Johal   02 July 2016

When you say outside India which country are you referring to?

Kunal   02 July 2016

I live in Australia

Kunal   02 July 2016

Kunal   02 July 2016

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases.     02 July 2016

Since you are out of India, you may not have much trouble but your parants will face court trial.


Pl tell where the case is going on and since how long for suggestions.

Shekhar (Proprietor)     02 July 2016

Cite all the relevant situations and ask removal of parents name from court, & ask the order on same from the judge. IG in your favour OK, or appeal in higher court against such order and have the names of removed. Regards Shekhar Babu, Bangalore, +919731110296


You even if in Australia, has to face trial, your name will not be removed.  Your parents name can be removed if you approach HC with quash petition.  HC has power to do it, not the lower court.

Vijay Raj Mahajan (Advocate)     03 July 2016

If you both lived in Australia in domestic relationship without your parents the DV complaint should not be filled in Indian court.

Secondly, the DV complaint in India is for seeking maintenance and place of residence in India against the husband only, parents have nothing to do anything with this.

The protection order against any of the people named is not big issue as with such wife no one is intersted to come in her contact anytime in future.

Where in Australia? I'm here in Sydney for some days, if want to meet me email me

Vibha   03 July 2016

  1. DV case is maintainable in India even if domestic relationship is abroad.
  2. Your parents can be excluded as respondents, move application for same.
  3. Defend case on merits.

Sandhya Srinivas (Advocate & Legal consultant)     03 July 2016

You have to approach High court with quash petition.

A walk alone (-)     03 July 2016

Your parents name can be removed if you approach HC with quash petition.

Kunal   04 July 2016

@ KS Johal : Thanks you !

@ LAXMINARAYAN - Sr Advocate: Case going on since 7 months now in Belgaum.

@ Shekhar: Thanks for your advice. Our Lawyer requested for deletion in lower court. But the judge said as they are not living in the same house it is not relevant.  However I want to get the names removed officially.

@ Helping Hand : Thank you! I was planning to appeal in Sessions court (The next higher)

@ Vijay Raj Mahajan: The reason you mentioned was used for appealing in regards to the validity of indian court, unfortunately not accepted. I stay in Melbourne, a bit too far. Thanks a lot sir for your offer. If am in that region, will surely mail you for a meet up.

@ Vibha: Thank you! Currently fighting the maintenance, preparing to defend on merits.

@ Sandhya Srinivas: Many thanks for your advice.

@ A Walk alone: Many thanks for your advice.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases.     06 July 2016

Well you have good grasp of the problem but now time for revsion to Dt court is delayed since the revsiion has to be filed within 90 days.


You can try with delay condonaion application. Individual names may not be deleted so you should try for dismissal of the whole case. Get expert opinion for drafting and persuing the revision.


In australia working conditions are good than what was the problem.

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