Domestic violence act
anamially
(Querist) 10 May 2013
This query is : Resolved
hello experts,my brother's wife has filed a false domestic violence case against my brother, father and mother along with 498a and is asking maintenance against that DV act.i wanted to know that can a female member (my mother)can be charged under this case and i also want to know that it is necessary for my mother to attend the court everytime of hearing. if not on what groung she can be exempted from this attendence as she has to go to my sisters place for her delivery for 3-4 months.
ajay sethi
(Expert) 10 May 2013
yes your mother can be charged under DV act . your mother need not court on each date . in dv cases courts are not strict on attendance of all respondents on every date
Adv. Chandrasekhar
(Expert) 10 May 2013
Yes. ur mother can be a party in DV case. But if the relief the applicant is asking for only maintenance, ur mother can move application to delete her name from the case. Otherwise, as and when it is not possible to her to appear in court, she can move appropriate application for exemption.
Ankit Jain
(Expert) 10 May 2013
Agree with the expert
Adv k . mahesh
(Expert) 10 May 2013
move an petition for exemption her name from the DV
V R SHROFF
(Expert) 10 May 2013
Agrees with Shri Sethi.
Apply for exemption u/s 205 for mother. It will be allowed.
