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Dv case

(Querist) 07 June 2013 This query is : Resolved 
Hello Experts

The DV case is running and it is in the couuseling stage , My parents age 55(M) and 59(F) respectively there name also given because of domestic relation.

1.Is it neccessary for my parents to attend the DV case all the time.
2. After counselling when i am going to file affadavit/counter attack i need to prepare seprate affadavit for each family member or one is enough to defend all.


Anirudh (Expert) 07 June 2013
Are you handling the case yourself or through a lawyer?
Ajay Sharma (Querist) 07 June 2013
Hi

Yes Lawyer has been appointed but In every date we all r going the prb is she put the DV case in her home town which is 500km away.
Ajay Sharma (Querist) 07 June 2013
Hi

Yes Lawyer has been appointed but In every date we all r going the prb is she put the DV case in her home town which is 500km away.
Anirudh (Expert) 07 June 2013
If you have already engaged a lawyer, did you ask the query to him and if so what was his reply?
V R SHROFF (Expert) 07 June 2013
u can apply u/s 205 for exemption from appearance for your parents.

Your Local Advocate can file exemptions as and when u r absent.
U can file only one Written statement/ Say
with verification of any one of respondent.

Answer what Shri Anirudh asked you.

Do not cross check your Advocate thru us. It amounts to Professional misconduct, You need to take NOC from your Adv before doing so.
ajay sethi (Expert) 07 June 2013
your parents presence is not necessary on every dates . in DV cases courts dont insist on presence on each date . if complainant objects file application for exemption from personal appearnce .

one reply is sufficent for all members
Advocate Bhartesh goyal (Expert) 07 June 2013
In D.V cases presence of accused persons on hearing day are not compulsorily required.File a single reply of all accused persons supported by separate affidavit of each accused.
prabhakar singh (Expert) 07 June 2013
1.Is it neccessary for my parents to attend the DV case all the time.?

Answer:NO

2. After counselling when i am going to file affidavit/counter attack i need to prepare separate affidavit for each family member or one is enough to defend all.?

Answer:one is enough to defend all.Prepare separate affidavit for each family member is your sweet choice.
Raj Kumar Makkad (Expert) 07 June 2013
Even your personal presence on each and every hearing is not necessary what to talk of your parents. The proceeding under DV Act are like a civil proceeding.

One joint WS & affidavit is sufficient.


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