Case File
Querist :
Anonymous
(Querist) 18 November 2010
This query is : Resolved
Parents declared in news paper regarding no relation with their son & his wife, as they are residing seperately from my parents approx 7 months even after brother's wife include the name in DV cases of my parents
My query is :-
i] If she is residing seperately & parents also declared NO RELATION then how she can do this,
if no kindly ask on which act we appose this DV case or it is helpfull to protect from such false cases.
ii] Brother's wife residing with someone / parents since last 7 months, and she is not coming back, Can we file any case if yes kindly guide
iii] Our Section 9 case she is also not attending since beganing , can my brother file Divorce or any other cases against her.
Thankyou sir
Raj Kumar Makkad
(Expert) 18 November 2010
1. If anyone commits any act of domestic violence while living with the applicant and then declares having no relation with the applicant or her husband then it shall not give any legal ground to such persons to come out of the case. The time of declaration and the alleged commission of the offence is to be seen and if there is anything contradictory found, its benefit shall go in favour of the applicant wife.
You shall have to oppose the petition on the ground of facts and not on the basis of law in the present matter.
ii. Your brother can file a petition under section 9 of HMA before Family Court.
iii. Not on the ground you mentioned. The notice may be got published in newspaper by court on your request and expenses.
Kirti Kar Tripathi
(Expert) 18 November 2010
yes, i agree with Mr. Makkad. in present case, the factual position is more important rather than legal technicality . Yes your bother can file RCR case. yes, he can, but than RCR shall be withdrawn and separate petition for divorce shall be filed on the basis of ground mention under the law.
