Himanshu (Manager) 31 January 2014

Is dv act application us 12 maintainable against mil & sil

Dear All,

My wife with her lawyer brother has lodged a FIR us 498A ,406,34 against me my mother,my father,my younger unmarried sister residing with us, my married sister residing with her husband in same city.

On basis of this complaint/FIR they have filled application us 12 of DV act in court asking right to residence,monthly maintainance , compensation against mental cruelty,litigation charges. She has made this application against all of my family members including mother,father,married and unmarried sister.

Can her application against my mother and sisters maintainable.

What should I do to save my family and money.

Thanks for help and advice.

Regards

Victim

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6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 31 January 2014

Court direct to the investigation officer to record the versions of all the members of family. On the basis of enquiry report court will send summons.

Ranee....... (NA) 31 January 2014

Dv is maintainable agaist mil ,sister etc too. You need to fight the case on merit.

Ranee....... (NA) 31 January 2014

Dv is maintainable agaist mil ,sister etc too. You need to fight the case on merit.

S K KARNjhc (Legal Adviser) 31 January 2014

Mr himanshu, it is sure that divorce is maintainable & if FIR has been you would be made available a copy of it, IO will be appointed to investigate the matter again summoned will be issued by competent court, I think there is a long process to be done, I would say to fight the case on merit betterly, sir.

Adv Archana Deshmukh (Practicing Advocate) 31 January 2014

DV case is maintainanble against MIL and SIL.

Samir N (General Queries) (Business) 01 February 2014

DV cannot be maintained against any member not residing with you and your wife. So, your married sister and her family is out right away.

If she has been staying away from you for one year, it is not maintainable on grounds of statute of limitation which is one year.

if you have been staying together but not in a residence owned or rented by you or her, jointly or singly, a creative advocate will use the famous Batra vs. Batra case and argue that you were not sharing a household as that term is defined under the Act. That case is regarding right to residence only but you can use the ruling for a broader interpretation.

Don't get discouraged. Do some reading. You will be OK. Just be patient and don't let her squeeze your energy out. Smile, laugh and be happy!!! When you are in Court, offer her a cup of tea too. I am serious. DV cases are all about draining your energy not winning or losing. Keep that in mind and preserve your energy. Maintain humour and offer chai to her brother-lawyer too. Let them know that you are not concerned but are actually enjoying it. Tell your parents always that you are winning in Court. Tell them lies that the Judge said that he is going to throw the case out, etc. Make them feel optimistic. You do not want to stress them. That should be your priority. Good Luck!

Good Luck!!!!