Discharge for famliy in dvc case?

Usually PWDVA/DV Act cases are taken on face value and interim maintenance against husbands is awarded.  However one can file for dismissal of DV Act complaint based on no prima-facie evidence.  A rare occurence, but nothing is impossible if you fight well.

Moreover there are certain judgements which says that DV cannot be filed after sepration of one year but first check is there is any allegation during that period when you both are living seprately, If yes, then it is maintainable.

Rest depends how you represent your case

Thanks Martin and Sachin for the information...

I know its difficult for dismiss for  all persons. but I am talking about R2 to R4(mother, sister, brother). 

She is with me for 1 year and stayed in different city from where my family is living.

She left her house on Sep 2014 and filed  dv case on May 2016. She put false allegations on me and my family during the period when she lived. 

I searched internet but could not find relevent judgements related below situations. can somebody help me to find judgements for below situations.

1.Please provide any judgement which supports like dv cannot be filed after one year separation?

2.Please provide any judgement which supports like DV can be dischaged  for family as there is no domestic relationship?

Thanks

vij

I asked my lawyer to 
file discharge petition for my family in lower court?

But My Lawyer said discharge can not be filed in lower court. Only Quash can be filed in High court under section 482.

below is my question.. 

Is there any provision/section to file discharge in lowercourt OR
Only going for quash in HC?
 
 
Thanks
vij

Originally posted by : vij
	I asked my lawyer to  file discharge petition for my family in lower court? But My Lawyer said discharge can not be filed in lower court. Only Quash can be filed in High court under section 482. below is my question..  Is there any provision/section to file discharge in lowercourt OR Only going for quash in HC?     Thanks vij

Your lawyer is not correct. Basically some lawyers think that in DV act, there is no provision of framing of charges. So discharge petition cannot be filed.

But DV act is governed by provision of CrPC. So, the discharge petition u/s 239 Cr.P.C can be filed by the respondents

Hi sachin..thanks for the information...

Is there any judgments avialable which were discharged in lower court..

Thanks

vij

9. On the basis of above mentioned discussion, I am
prima-facie of the considered opinion that no domestic
violence has taken place pertaining to this matter and the
applicant does not deserve any order in her favour from this
court at present. Her application under discussion is prima
facie found to be devoid of any merits at this stage it is
hereby dismissed.

Complete judgement:

Hi all....

My family filed discharge petition as they never stayed with us. but judge did not accept the discharge petition saying that in dv case discharge is not maintainable. Dv is summary proceedings and can not accept discharge petition for family. we filed this in MM court.

can you please suggest in the above situation what we need to do?

Thanks

As i suggested you before, your family need not to go to court in this case, only you should attend the court proceedings, magistrate will make your family exparty and you should only contest the case.

Don't harras yourself unnecessarily!!

Agreed with Sidharth

The only purpose of your wife is to harras you and if  you file appeal against the order you will be fulfilling her wish so the best thing is don't care about this damn case.

Only thing you need to prove that your wife is capable to earn. 

Thanks siddarth and Sachin for the information....