False dv case

Dear Sir,                                     25/07/2013

There are so many cases relates to your query. Put the title in google search parents or married sister not living with wife is not entitle to claim any relief in DV case.

Further there is essential condition that the aggrieved person must have domestic relationship or shared THE SHARED household with the respondent as per definition of the DV Act.

Further you can put a discharge application before the trial court for discharge or removal the name of the other respondent (parents or married sister who is living away from the husband wife) instead of quashing the petition under sec 482 before the HC

If court not summons than there is need to worried.

1. If they have not been summoned you need not worry.

2. If they have been summoned, you need to file an application for deletion of name on the basis that they never had/ for the long time does not have any domestic relationship with the complainant.

3. Chances are that the trial court may reject such application, because MM/ JM1C can not review its own order, you would have to file a revision in Session Court for the same.

If you need a sample of deletion of name application/ revision based on no domestic relationship alongwith relevant judgments, you may write me a mail asking for it. I would be happy to provide the same.

Regards,

Thanks Shonee Sir and all for your advise.

I was so worried regarding this. Today was my first hearing and there was strike of Lawyers at KKD Courts. I had to appear before MM, without my counsel, with my family and MM asked to delete name of Sister and Brother-In-Law from complaint in very first instance as they got married before my marriage and living seperately. MM asked us to try to settle down things in mediation and gave us next date. 

She is not staying with us from long time and we are in no physical relationship at all since Mar'12. Is there any judgement that I can use, except Inderjit Singh Grewal Vs. State of Punjab, to dimiss this case as she can't file DV after period of one year?

Thanks again!!

Hi Shonee ji,

In my case of 498a and 3/4 DP, after spending a month in jail, I have got bail from High court. Now lawyer says he can get proceding stay for 4 other family members who are accused but not released on bail. Charge sheet has been completed and has names of all 5 people including me in it.

Please suggest on if it is a good step to apply for proceding stay in High Court Allahabad. Under which section of IPC it will be done.

Thanks