Dv and mil
galsober@yahoo.co.in
(Querist) 08 September 2013
This query is : Resolved
Me & mother are respondents in DV case filed by wife. In IOs (sec23), she was denied RTR in the self purchased house of MIL (citing Batra judgment) by magistrate court. Main DV case is ongoing. While appeal filed by wife against IOs was pending at Sessions, she forcibly entered that very house. Parents lodged pvt complaint & wife got summoned in that case for house trespass. She remained holed up in that house for 2 months & then left it. Parents got Civil Injunction thereafter for this title house. Now MIL wants 2 get discharge/quash in DV case. What shud be best strategy:
Grounds are
1) RTR is the main relief standing against resp no:2, She has obtained Civil Injunction, judgment of a civil court is binding upon criminal court. So proceeding against resp no: 2 wil be abuse of process of law.
2) I have obtained a RTI reply too. Wife is govt employee. Child in my custody. Her deptt is giving her “house rent”. So plea is – when she is getting house rent from her deptt, how come she still ask for RTR.
3) In DIR, there are major flaws. She has left the columns blank- “date of incidence” “place of incidence" and “person committing DV”
Now what experts suggest plz:
1) Quash application u/s 482 at HC ?
2) Application in magistrate court u/s 227 or 239 (I donot know which applies) ?
3) Application in magistrate court for deletion of name of resp no: 2 under ‘change of circumstances’ (sec 25, I think) as title property now stands barred by civil court.
Devajyoti Barman
(Expert) 08 September 2013
Quashing is rare remedy. If your mother is implicated for perpetrating other wrongs then merely on the basis of her ownership of house, her name would not be quashed.
galsober@yahoo.co.in
(Querist) 08 September 2013
Thanks dear!
So option no 1 is not a gud one.
Put some more light to get ideal path & how 2 make it possible best
ajay sethi
(Expert) 09 September 2013
contest case on merits . your mother wont be discharged if there are sufficent alleagtions in complaint regarding acts of DV
galsober@yahoo.co.in
(Querist) 09 September 2013
Thanx, allegations are vague. MIL had lived with DIL only for few days post marriage 7-8 yrs ago.
Then me & wife moved to different city for job & remained in various rented houses till we separated. DIL has self admitted that we were in rented house as a nuclear family when we separated.
