JetLi (Nothing) 11 July 2014

Dv act

Hello Sir,

Can a woman file a DV case against in laws, relatives.

DV case filed after 4 years of leaving my house.

My brother & his wife stayed with me for some time & she left my home in Delhi when she was in 7th month pregnency.

After that she never come back Delhi or stayed with me & my wife any where in India.

We never communicated as well after that, i have no idea of the disputes between my brother & his wife.

Now after 5 years she filed DV against 5 members.

Me, my wife, my father & my mother along with my brother.

As i understand little, she can't file against me, my wife and my parents.

She claimed wrong in her petition stating that we harassed her when she was in Delhi, nothing of that sort happened when she was here.

She left happily & i am unaware of the issues bwteen the husband & wife.

now she dragged me falsely and other members as well other than his husband.

Infact both are not staying together for very long too, my brother & his wife are apart for more than 3-4 years.

Can she file a DV case still, how to get out of this trouble.

Please suggest.

Thanks

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3 Replies

JetLi (Nothing) 11 July 2014

Dear Sir,

In cotinuetion to above information, she filed in 18,19,20,22 sections of DV.

How can i defend my self.

Thanks

Laxmi Kant Joshi (Advocate ) 11 July 2014

Jetli don't worry fight the case and raise the objection on the false allegation upon you and your family and also the time limitation of her dv case , her dv case will not stand in the court and court will dismissed her petition .

JetLi (Nothing) 13 July 2014

Dear Sir,

Thanks for your reply. I have another concern in this.

While I and my wife stay away from the ometown for past 6-7 years, in other state ... the summons got returned since we dont stay with my parents.

My parents received summons & appeared in court. My father is asked why others didnt appear. He said he have no idea of others, since i got summons i appeared.

Judge issues non bailable warrant against others because we are not present on the address where summons have come.

Is it not the fault of the judge, how can he issue a non bailable warrant, when summoned person wont stay at the address in the summons.

How can i get rid of this issue now

What it means by non bailable warrant, where i have not been approached to deliver summons.

I have appealed in the High Court to quash charges against us.

Can you exactly tell me the time period in which a DV case can be filed in the court by the sufferer.

As i heard that DV case can be only filed within 1 year only, where the petitioner is no more staying with the respondent.

The courts said that when there is no domestic relation between the 2 parties, DV case can't be filed & can appeal in different sections against the husband for the maintainance.

But DV case will not be applicable, where there is no domestic relaion in the past 1 year.

My case is more than 5 years old now, since she left my house. She have files after a gap of five years along with her husband.

Please suggest.

Thanks