What r the rights of a female respondents facing false DV. If she suffered in the hands of complainant, what step
she should take. Is it advisable to file a case.
raman (private) 10 August 2012
What r the rights of a female respondents facing false DV. If she suffered in the hands of complainant, what step
she should take. Is it advisable to file a case.
rajiv_lodha (zz) 10 August 2012
Rights 4 female respondent
* She can challange the summons on relevant grounds
* She can file for discharge
* She can get the DV case dismissed after fighting it on merits.
raman (private) 11 August 2012
But can / should she file a case apart from the steps suggested by u. If bhabhi and her team had pressurised newly married wife of the younger brother for dowry. And bhabhi now files for DV making the other lady a respondent, can she file complaint against the complainant and her team under 498a.
Or that option is no longer available.
Harish Malik (Advocate) 11 August 2012
If we look into the definition of the term “Aggrieved Person” as defined under Section 2 (a) DV Act, 2005 which mean any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. The definition of “aggrieved person” in domestic relationship is wide enough to cover sister, mother, daughter and sister-in-law including the wife or any female living in the nature of marriage. Thus, every relation in the nature of marriage necessarily will be “domestic relationship” but the same is not true the vice versa.
raman (private) 11 August 2012
But what happens if a female is subjected to domestic violence and dowry demands by another female who has now filed a DV complaint and included the first female as a respondent. What right does she have? DV, 498a, something eles or none?
rajiv_lodha (zz) 11 August 2012
Sorry dear!
Ur post is become confusing. Which lady is trying to file which case upon other??
Meanwhile 498a filing is not a cafeteria choice, whosoever has suffered shud think of filing this case, not just seeing the possibility that which lady can file 498a upon which one??