To set-aside the process which is issued by the court in domestic violence act
Adv M.D.Azhar
(Querist) 16 October 2014
This query is : Resolved
Sir, I have file an complain under domestic v.Act. In which Opponent (Husband) and his father and other two relative of him as the opponents. The Opponents no. 4 and 5 files an application before the J.M.F.C. court having said that we are not the relative of the opponent no. 1 neither we are living with him so they have given an application to drop the process against them. In the Said application the have not written any section of the Act. So I want to know that such kind of application can be granted or is there any provision regarding this application in the D.V.Act or C.R.P.C.? Can the applicant file such application after the process is issued? Help me to solve the said query.
Devajyoti Barman
(Expert) 17 October 2014
They can file general application to get the proceeding dropped against them if they indeed are not in laws. Reference of any spciefic provision need not be given.
Dr J C Vashista
(Expert) 17 October 2014
The application is maintainable without or wrong mentioning of provisions of law.
V R SHROFF
(Expert) 17 October 2014
Those Opponent can challenge the "issue process" ORDER,
ON GROUND THAT THEY ARE NOT IN DOMESTIC RELATIONSHIP with the aggrieved person.
no need to mention any act/ section/ rule. in DV.
ajay sethi
(Expert) 17 October 2014
aagree with experts .
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
Agreed with the experts, it is not pertinent to mention the provisions of law while seeking said relief.
