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shared household

Page no : 2

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     17 January 2010

yes,you can, good cause, HC prefered,any how lower court also have the right.

Arvind Singh Chauhan (advocate)     17 January 2010

In my opinion appeal to remove your mother's name will be a futile effort, because women are included in the definition of respondant given in proviso of Sec 2 (q) as "relative of husband"

MP HC in july 2007 held that females can not be a respondant in DV Act,  Andhar HC also followed the same. After these judgment Mad HC, Kerla HC and Bombay HC ( recently on 25-08-2009) held that females can be a respondant in DV Act. Even in Batra's case SC held that Order of shared house hold can not be against females but nowhere said female can not be a respondant, and did not quash the proceding against female. Proviso of Sec 19 (1) itself says " provided no order under clause (b) shall be passed against any person who is a woman". Proviso itself postulate that, orders other than Sec 19(1)(b)  under DV Act can be passed against woman, meaning thereby woman can be a respondant in DV Act. Thus you may fail. Rest consult with your lerned advocate.

Judgement_Day (Supervisor)     19 January 2010

My brother wants divorce from her bcoz she filed false petetion under DV. what if after filing RCR she comes to husband house,Is Divorce possible?How much time does it takes for RCR? And yes she is staying at his husbands parents home, and husband staying at other place, Is RCR possible?

kumar deekay (respondant)     25 January 2010

She can't claim for ownership of the flat, this right is vested with your Brother only.

Please see the Judgement of Hon Judge Mr. S N Dhingra given in case of Neetu Mittal Vs Kanta Mittal dated 05.09.08. It will help you a lot.

 

Judgement_Day (Supervisor)     29 January 2010

Recently my sister in law had thrown a steel glass on my mother forehead by which blood started to flow & she was severely injured, i called police by dialing 100 constable told my sister in law to come with her but she bluntly refused to come to police station, next day lady constable came to her but again she refused to come to police station by saying dont dare to touch me, police are not listening to us they are just giving NC & not taking severe action against her,police even dont care to file FIR. Same day she burned his husband marriage photos frame on gas and thrown frm window by which front glass of car was broken at parking area on ground.

Dont know what to do? Pls help

Judgement_Day (Supervisor)     29 January 2010

can i complain to human rights or press?what action they can take?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     29 January 2010

no such sr. citizen act, but court taking a linient attitude on ladies and sr citizens. therefore appeal the court to remove mother & father.

Akanksha   15 May 2020

Arvind Singh Chauhan 

Very informative and well explained


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