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adv. rajeev ( rajoo ) (practicing advocate)     13 March 2010

Son Dragged the Father to the Court Under DV ACt.

The boy  filed a case against his father under DV ACt in Pune Court.  It is the first case ever court filed by the boy of 10 year old under the DV ACtt.

The father and mother of this boy are divorced and ligving seperaterly.  Court had ordersd to take care of the son to his mother. And it had directed the father to pay Rs.500/-was awarded for the education purpose.  But boy has filed a case against the father that he is neglected which has caused mental harrashment to him which comes under the DV ACt.



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 9 Replies

Adinath@Avinash Patil (advocate)     13 March 2010

THANX FOR INFORMATION.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     13 March 2010

it is definite that a male can not file a case under dv act. it is a special right to women ie female in zender.

might be on sympathitic ground the court order will not be challenged, but it is a bad and illigal instance which should be corrected.

i think the case was brought by the mother of the boy against the father, where the boy is also a co petitioner.

interested to know the real fact.

Rajadiraja (Advocate/consultant )     02 April 2010

Quite strange.  Need to know the real facts.  If so, fathers beware-you are in for yet another weapon in the hands of women.  Minor child files case under sec 125 of crpc and now also under DV Act - ofcourse at the behest of greedy and evil minded mothers. 

Tarun Kalra LL.M, M.B.A (advocate)     03 April 2010

a boy cant file a complaint under a specific law which is only for womans, ie protecn of WOMEN from domestc. violnce act.

dawood ahmed (advocate)     07 April 2010

I agree with Mr. Arup Kumar Gupta ji and Mr. Tarun Kalra Ji

 

valentine (Advocate)     30 May 2010

A minor can file a case thru a guardian only. He cannot file on his own.

Dalip Kumar Chhabra (Advocate)     23 June 2010

Facts, though vague and incomplete, yet I am dead sure that in no case,  whether through mother or else other, as a lawful guardian , recognised under the law to protect interests of minor,     NO MALE MINOR  can bring any suit IN HIS EXCLUSIVE NAME, against male member under DV Act, except petition u/s 125 of Cr.P.C.  or under Adoption and guardianship Act, therefore, taking up the matter  and or passing any orders thereunder, in the exclusive name of male member (minor) against male that too under DV Act, is not only  illegal but unsustainable under the law and is thus bound to be set aside,  besides,   taking due care against SUCH   "JUDICIAL INDICIPLINE"   

valentine (Advocate)     24 June 2010

You are absolutely right, sir. Law provides that any minor under any should be represented by his adult representative/guardian. No case under any act can be filed solely in the name of the Minor and the law is amply clear and set on this point. It is wonder of wonders how the court can admit such a case in the first place! The facts may be different and they need to be checked first before giving any opinion - but one this is sure that no minor can file a suit on his own less so under DV Act.

Vinod Singh Tomar (Advocate & Legal advisor)     26 October 2010

Advocate Chhabra is correct as per  existing law. A minor is represented through his/her next friend let it be guardian / or some other legal representative.


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