Domestic violence case...........

Faiyaz Momin (Querist) 09 November 2013 This query is : Resolved
My name is fayaz,my wife has filed a fraud Domestic violence case against me and my family members,in which 3 of them are ladies, my sisters ( 2 married & i unmarried), Points are discuss are : -

1)My first Step is want to take out all 3 sisters name out of the case, is it possible?

2)the case was launched on 24 June 2013, almost 6 months now, i have attended overall 5 dates of my case,the applicant (my wife never comes to the court)but her father is always there to get the updates,Can we take action if the applicant is not present & on herbehalf her advocate or father is there ?

3)My two married sisters have yet not received summons ( 2 times undelivered, due to applicant dont know the address, the summons were delivered on our address but as they are maaried they dont stay with us) can they take any legal action, like Warrant etc... what precautions should we take

5)We have 4 years physically handicapped daughter,where daughter is with me, i have applied in writing to the court to meet my wife for 24 hrs on occassion of my daughters birthday, but she was not present in the court, their advocate asked for nearby dated before birthday, even on the day of cort date, their reply was not there, their advocate gave in writing that if she will meet there is danger to her life, & rejected the application, is it ok if applicant dont sign on the reply leeter & advocate do the same on her behalf.

5) what precautions should i take......

pls revert

Regards,
Fayaz

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ajay sethi (Expert) 09 November 2013
what are the allegations made against your 3 sisters in the complaint filed under Dv act.

without going through the complaint we cannot advise .

in Dv cases no warrant is issued . if the complainant ie your wife is never present in court draw attention of court to said effect

. as far as precautions are concerned your lawyer is your best guide

Faiyaz Momin (Querist) 09 November 2013
Allegations made against 2 married sisiters are like whenever they come to stay, they harras her that she dont know how to cook food, she dont know house work etc........

ajay sethi (Expert) 09 November 2013
your sisters need not attend court on each date . they can make application for exemption from personal appearance .fight case o n merits

Rajendra K Goyal (Expert) 09 November 2013
Engage a good criminal Lawyer and show him all the documents. Your sisters should apply for exemption from attending court each time.

Sarvesh Kumar Sharma Advocate (Expert) 09 November 2013
In d.v. Act there is advocate apparense is sufficient and advocate file statement from defendent side

Nadeem Qureshi (Expert) 09 November 2013
contact a lawyer personally with all documents for best advise.

GANGAM.RAJENDER. (Expert) 09 November 2013
file a petition u/s 482 crpc before the hon'ble high court on behalf of the sisters.and collect the evidences that the sisters are not living with shared house of complainant.