Dv case exclusion of respondents name

When you say outside India which country are you referring to?

I live in Australia

Since you are out of India, you may not have much trouble but your parants will face court trial.

 

Pl tell where the case is going on and since how long for suggestions.

Cite all the relevant situations and ask removal of parents name from court, & ask the order on same from the judge. IG in your favour OK, or appeal in higher court against such order and have the names of removed. Regards Shekhar Babu, Bangalore, +919731110296

You even if in Australia, has to face trial, your name will not be removed.  Your parents name can be removed if you approach HC with quash petition.  HC has power to do it, not the lower court.

If you both lived in Australia in domestic relationship without your parents the DV complaint should not be filled in Indian court.

Secondly, the DV complaint in India is for seeking maintenance and place of residence in India against the husband only, parents have nothing to do anything with this.

The protection order against any of the people named is not big issue as with such wife no one is intersted to come in her contact anytime in future.

Where in Australia? I'm here in Sydney for some days, if want to meet me email me vijaymahajan5758@gmail.com.

1. DV case is maintainable in India even if domestic relationship is abroad.
2. Your parents can be excluded as respondents, move application for same.
3. Defend case on merits.

You have to approach High court with quash petition.

Your parents name can be removed if you approach HC with quash petition.

@ KS Johal : Thanks you !

@ LAXMINARAYAN - Sr Advocate: Case going on since 7 months now in Belgaum.

@ Shekhar: Thanks for your advice. Our Lawyer requested for deletion in lower court. But the judge said as they are not living in the same house it is not relevant.  However I want to get the names removed officially.

@ Helping Hand : Thank you! I was planning to appeal in Sessions court (The next higher)

@ Vijay Raj Mahajan: The reason you mentioned was used for appealing in regards to the validity of indian court, unfortunately not accepted. I stay in Melbourne, a bit too far. Thanks a lot sir for your offer. If am in that region, will surely mail you for a meet up.

@ Vibha: Thank you! Currently fighting the maintenance, preparing to defend on merits.

@ Sandhya Srinivas: Many thanks for your advice.

@ A Walk alone: Many thanks for your advice.

Well you have good grasp of the problem but now time for revsion to Dt court is delayed since the revsiion has to be filed within 90 days.

 

You can try with delay condonaion application. Individual names may not be deleted so you should try for dismissal of the whole case. Get expert opinion for drafting and persuing the revision.

 

In australia working conditions are good than what was the problem.