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Rajni Behl   20 August 2015

I never saw my bhabhi but still i recxeived notice to appear

we are not in talking terms with my brother's family but still my bhabhi whom i never met or saw , she gave complaint under domestic violence against us & we got summons. i am from delhi, myu bri\other is from hissar. his wife from rohtak



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 5 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     20 August 2015

you may approach the sessions court for quahing the complaint against you if you can prove that you are not involved in any dispute with yoyur bhabhi and that you has been made a party in the complaint so as to harass you.

 

Regards

Adv. Rohit m. Dalmia

9324538481

Mumbai

SAINATH DEVALLA (LEGAL CONSULTANT)     20 August 2015

Its a common practice that women involve all the members of the matrimonial home when they file cases like 498A and DV.Once U receive the summons U have to defend UR self,proving that U were never involved in any criminal act with the complainant.

A.Radha Sampath (Advocate)     20 August 2015

Though you are not involved in this issue of your brother, when once you are summoned, you need to prove your innocence and so appear on the date you are summoned and explain your non involvement and file a discharge petition to relieve you.

 


(Guest)

Court jaake kuch fayda nahi, jaake sir fodo saa li ka, sorry baabi ka.

prabhakar advocate (advocate)     21 August 2015

You read carefully the complaint filed by her.  If no allegation is made against you, then you can file an application before the Magistrate to quash your name from the array of parties.  If your request is not accepted, then also you can directly file a petition under Section 482 cr.p.c. before the High Court for quashing of your name from the parties.  All  this only, if there is no specific allegation against you.  If there is specific allegation, then you have to contest the case on merits before the magistrate.

Prabhakar - Advocate

(M)9958670740.

Legal Aid panelist (Family Law)- Central Delhi - Tis Hazari.


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