Domestic violence act
LEGAL-CIVIL CRIMINAL
(Querist) 20 March 2014
This query is : Resolved
Whether the summons issued by the lower court under domestic violence act can be challenged before sessions court.
ajay sethi
(Expert) 20 March 2014
you wont get any reliefs . you have to contest case on merits
Nadeem Qureshi
(Expert) 20 March 2014
no session court have no power, file a quashing petition before HC under section 482 of Cr.PC
Rajendra K Goyal
(Expert) 20 March 2014
Summons can not be challenged, quashing petition can be filed in High Court.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 March 2014
You can file revision in session court u/s 397. There is only bar under this section that it should not be interlocutory order.
Let other side object and court give its ruling.
Meanwhile you will get relief from lower court.
If your revision is not allowed than you can go the HC on twin issues ONE- illegal rejection of your revision and SECOND an interlocutory order is not defined.
All persons facing actions under such draconian laws must use all these opportunities to exhaust the opponent.
V R SHROFF
(Expert) 21 March 2014
did u engage Advocate for fighting your 498A Dowry & DV cases??
What he has to say???
LEGAL-CIVIL CRIMINAL
(Querist) 21 March 2014
Yes my advocate is saying no revision .
But if I continue in lower court some or other order will be passed and all questions on merit will be left behind.
I have seen people who go to HC after passing of any relief by lower court do not get any hearing till all dues as per lower court order are cleared.
So why not go now against the issue of summons.
