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Nitin (Project manager)     24 September 2010

DV Act 2005- Petetion not as per the Format

Hi,

Need your advice on the DV act 2005.

  1. Recently my wife has filled DV act on me and my Family members which include my mother as well.
  2. 498a/406 is registered in Nanak pura and still investigation mode. I take Taken Notice of arrest from the court for all members.
  3. The petition submited by my wife is not as per the form 2 because no PO signature is there?
  4. NO DIR Report has been attached.
  5. Can i exclude my mother under scetion 2 (q) of this act.
  6. She has claimed under section 18,19,21,22,23.
  7. House is under my mother name and we are living seperatly from 1 yrs before filling the complaint as there is NO domestic Relationships between my Family and wife. Can this help me or not?
  8. She is working and getting HRA still she get some relief under section 18 RTR?
  9. Can I file excemption under section 205. Will my brother and Papa will get some relief as both are working in Company.

Please guide me.



Learning

 3 Replies

Nitin (Project manager)     28 September 2010

please reply

Tajobsindia (Senior Partner )     28 September 2010

 

1.      Recently my wife has filled DV act on me and my Family members which include my mother as well.
Ok, understood.

2.     498a/406 is registered in Nanak pura and still investigation mode. I take Taken Notice of arrest from the court for all members.
Ok, understood

3.      The petition submited by my wife is not as per the Form 2 because no PO signature is there?
File Objection Application and or set it as Preliminary Objections

4.      NO DIR Report has been attached.
File Objection Application and or set it as Preliminary Objections + Ld. Court in very first Order might have directed to Ld. Court attached Po to file Report. Check certified order Copy and or via Inspection of File. Also send a RTI to PO of the Ld. Court where DV running to send you copy of DIR and or ask her is she aware if any Case by parties name (mention Complainant Vs. you all arreyed names) ? Ask PO to give reply in 48 HRS. She is bound to reply via C/o THC, PIO, RTI Cell in 48 Hrs.

5.      Can i exclude my mother under scetion 2 (q) of this act.
Yes, you can.

6.      She has claimed under section 18,19,21,22,23.
Ok, understood.

7.      House is under my mother name and we are living seperatly from 1 yrs before filling the complaint as there is NO domestic Relationships between my Family and wife. Can this help me or not?
Yes, binding precedents exists, understand them and discuss accordingly.

8.      She is working and getting HRA still she get some relief under section 18 RTR?
File Appeal under change of circumstances using S. 29 DVA before Sessions Court.

9.      Can I file excemption under section 205. Will my brother and Papa will get some relief as both are working in Company.
Yes, you may and also can ask exemption of their presence till Evidence stage. If senior citizen and if valid medical grounds and further FIL never stayed in a 'shared household" and still further no allegations against FIL then he should be discharged from the arraey of Respondents.

Anything else !

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     07 May 2011

  1. Recently my wife has filled DV act on me and my Family members which include my mother as well.

just face the trail and file objections on each and every point mantion in DV Act.


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