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Ibrahim (Associate)     18 September 2013

Dv act maintainability if not in shared household

Dear Lawyers,

DV case filed against me, my parents and my married sisters (who are staying away with their husbands and used to come to parental home only on festivals).

My home in which domestic relationship existed was not a shared household and the property solely belongs to my mother. i saw a recent judgement denying residence order stating that it was not a sharedhousehold as it belongs to mother-in-law.

Can we apply the same logic for the maintainability of DV act itself as per the Domestic Relationship defnition as she not lived in a shared household, or can i use it to remove my sisters. Also it is a delay Case, allegations are 2 years old, filed after 1.5 years of moving out from matrimonial home. No DIR also. Also they filed the case 250 kms away from my home as they are having another residential addres there. Please find the judgement copy and help me with your opinions.

 

Regards

Ibrahim



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 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 September 2013

You can take the chance by applying the said judgements.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     27 October 2015

you should take chance by applying the judgement


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