I had read somewhere that Domestic violence case cannot be filed in a jurisdiction where no offence has been alleged.
There is a judgement like that, Can the experts please quote that judgement???????
dhruv (other) 31 October 2013
I had read somewhere that Domestic violence case cannot be filed in a jurisdiction where no offence has been alleged.
There is a judgement like that, Can the experts please quote that judgement???????
Kindly, take the reference of below judgement
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fighting back (exec) 31 October 2013
yes you are right...but do you think that the petition for DV drafted are gospel truths??? containing all the false allegations under the sky, so the place can also be falsely stated. and DV filed in that place. no big deal in putting a false jurisdiction. it is easily managed by crooked lawyers
dhruv (other) 01 November 2013
At least in their petition no incident has been alleged in that place. We have not seen the domestic incident report yet though.
dhruv (other) 01 November 2013
@sufferer
The link u provided does not appear to be valid. Could you please check. I googled based on other keywords in the "savitha" case and found the below LCI link but that does NOT appear to be related. IS THIS THE ONE U WERE REFERRING ...... IT APPEARS TO BE UNRELATED TO MY QUESTION. just wondering if I am missing something.
Andhra High Court
Smt. P. Savitha And Another vs Counsel For The Petitioners: Sri ...
Criminal Petition Nos.7063 of 2008 and 2539 of 2009
29/02/2012
A. Ashok Vardhan Reddy and others
Smt. P. Savitha and another
"Thus, neither the domestic violence case nor the criminal case appear to be susceptible to being quashed in exercise of the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, which is a rarely exceptional remedy and without expressing any opinion on the merits of the rival contentions, the criminal petitions have to be negatived.
In the light of the above discussion, the question of non- maintainability of the criminal petition for quashing the criminal case due to non-impleadment of Sri P. Krishna Reddy, the father of the victim, who gave complaint to the police, needs no further probe.
It should also be made clear that none of the observations made herein shall influence the consideration of the domestic violence case or the criminal case on their own merits by the trial Court and the entire discussion herein is purely with reference to examining the sustainability of the request for quashing the proceedings in both the cases.
Accordingly, both the criminal petitions are dismissed."
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