LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

498A_fighter (NA)     26 April 2014

Dv case

Dear Experts,

 

My wife fillied the DV case which is yet to come trial and is running for more than two years now. In compliant,she ncluded my parents name also who are staying 600 KM away from my place where me and my wife stayed togther and in th complaint she has the address of  my parenst house for my parents but no notices served so far.i only got notice and attend the date where interim maintence order passed and i have been paying the same .

My question:Since my parents are stying in different location and  they don't have any domestic relation ship with mywife, is there any option to ask in the same court to remove my parents name since they have not stayed with us. or can i go to hight court to remove their name?

since no notice served on my parenst,do really need to go for removal of their names?

pls give your expert advice.

 

thanks in Advance.



Learning

 8 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     26 April 2014

Yes .. 1. First precaution, your parents should not accept notice on your address.. 2.if notices r served on your parents on address at 600 km away address, then it itself proves the false allegations . 3. Then u have remady to file application before same court or to approach before H.C. for quashing of complaint.

Laxmi Kant Joshi (Advocate )     26 April 2014

File the application in the same court seeking relief for your parents as they resides very far from your address and had never done any interference in your family , your wife had with malafide intention to harras them add their name in the dv case , request the court to struck off their name from the dv case filed by your wife , if lower court not give any relief then go to high court to remove your parents name .

satish bhaskar (Litigant)     27 April 2014

interim order passed and yet to come to trial you say. u r paying interim. let the case go on where it is. it should soon get over as it is DV case. unless u want to delay more, spend more time and money. for this court will itself relieve u all. this court will grant only monthly maintenance/rent/stridhan etc. if proved.

498A_fighter (NA)     27 April 2014

Yes. i am paying the interim maintenace.i don't want drag at all. i want to close this ASAP.

satish bhaskar (Litigant)     27 April 2014

it will close faster than normal disputes and the decision will be in your favor with comparison to the interim judgement

satish bhaskar (Litigant)     27 April 2014

interim is court gift to her, it may be increased a bit but not very much. what is she getting in interim. if it is only maintenance she may get rent. stridhan is very vague. she will take if there vaguely only.

498A_fighter (NA)     27 April 2014

there is no stridhan claimed by here  in dv case. at the same time i don't have any thing with me which belong to here.My Money in the form of investements as well gold is with her only which my advocate is not even tryig to get back.

satish bhaskar (Litigant)     27 April 2014

your money investments-can she operate jointly etc.  gold she will have melted and disposed-no longer there then. how can advocate bring it back if she denies and there is no powerful documentary evidence. forget what is gone and without receipts. just let the case get over.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register