Domestic violence case filed after 498-a
yogesh
(Querist) 19 March 2013
This query is : Resolved
I and My old aged father have been victimised by my sister in law who has not been in domestic relationship for last 3 years. In year May 2012, she has filed the case of 498-A/406 against which I filed the Criminal Main Petition before high court u/s 482 for quashing of FIR and trail court proceedings has been stayed and for diposal and in last stage of hearing..then in December 2012 she filed the maintenance application u/s 125 CrPC against my brother demanding maintence of 1 lakh per month and then today we all 3 trio has received summon from JMIC for case under 18,19,20,22 of Domestic Violence Act-2005
My query is whether I can straight away move to the H.C by filing writ petition for stay and qaushing of proceedings as she has not been in domestic relationship with me and my father and this application is totally abuse process of law?
whether CiVil writ or criminal main u/s 482 is maintainable??
Raj Kumar Makkad
(Expert) 19 March 2013
The Writ is maintainable before high court but such application can also be moved before lower court and the request to delete the names may very well be made thereto.
yogesh
(Querist) 19 March 2013
Dear Makkad sir, Thank you once again for reply
Whether Writ petition is maintainable or Criminal Application under section 482 CrPC should be filed as D.V Act is civil in nature and in such case whether Application under section 482 CrPC can be filed??
Devajyoti Barman
(Expert) 19 March 2013
You better go for quashing u/s 482 crpc than filing Writ.
Raj Kumar Makkad
(Expert) 19 March 2013
I have given both options to you and now it is upon you to chose either of them as per your convenience. Better if you move such application before trial magistrate and if he refuses to delete the desired names as not being respondents then better to move before high court.
Nadeem Qureshi
(Expert) 20 March 2013
Dear Yogesh
no need to file any quashing or other application in HC, this DV case is not maintanable if there is no domestic relation between you your father and her, but the main question is if she is live with your house.
DV case can be file only within one year of the occurrence. Recently SC held this. and she can not file any case under DV act after one year of the Occurance.
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