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Lifeisgreat (None)     09 November 2012

Removal of respondent's name in case domestic violance act

Seeking help from experts and seniors


Is it possible to make application for removal of name of respondent who is father of husband and has not lived with couple except for occasional visits for few days.


If application can me made under which sections it can me made?

Thanks for help.


 7 Replies

ADV S PATHAK (lawyer)     09 November 2012

move the application for discharge with the proof of separate residence

Lifeisgreat (None)     09 November 2012


My lawyer says since charges are not framed in DV, magistrate will reject application on this ground.

There are only 2 privisions CrPC 239 and 227 am I correct?

ADV S PATHAK (lawyer)     09 November 2012

sir u said in ur q RESPONDENT

it is used in DV cases and DV cases are summsry trials so application of discharge.

if it is 498 a then u are accused not respondent. charges will be framed first.

jatin aggarwal1987 (legal officer)     10 November 2012

DV Act covers under civil action/Law because it doesn't provide punishment.

its main purpose is to provide maintenance to the wife and to stop harassment to her with regard to domestic affairs.

so u may file an application under order 1 rule 10 of cpc (addition and sustitution of parties) if cpc is applicable on dvact otherwise u may file simle application without mentioning the above said order of cpc.

Lifeisgreat (None)     10 November 2012

@ S pathak
It is DV, what I meant to say was that my lawyer says since charges are not framed in DV section 239 and 227 of CrPC are not applicable.

@ Jatin Aggarwal1987


Thanks will check and revert.

ADV S PATHAK (lawyer)     10 November 2012

no charges are framed in dv sir. its a summary trial. you have every right to say with proof about ur side. u can move an application with facts to drop proceedings against you on merits.

Rahul Kapoor (Legal Enthusiast)     12 November 2012


you can also gofor quash in high court.



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