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In domestic violence case can relative of husband become party to case
13-Jul-2023 (In Divorce Law)
In Domestic Violence Act can a Husbands Relative to become Responednt ?? If Yes Or No ?
The jurisdiction under section 7 of the Family Courts Act insofar as the parties to the proceedings are concerned, is limited to between the parties to the marriage. However, scope of the term 'respondent' is wider under section 2(q) of the D.V. Act. The proviso to section 2(q) of the D.V Act states that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner. But, the Court has power to delete the parties, who are not necessary for adjudication of the issue.
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Can DV proceedings be quashed?
482 CrPC to quash DV proceedings. The High Court has the broadest power under Section 482 Criminal Procedure Code, which it can exercise to achieve justice unless prohibited by a specific provision or impliedly. 11-Aug-2023
How do I dismiss a false DV case?
You can petition for RCR by stating that your wife has left the marital home without a valid reason. You have been accused by your wife and she must prove this in court. Gather evidence against your spouse to defend yourself from her false accusations. 05-Mar-2022
How do you quash a false DV case?
If the pleadings do not support the case or complaint, the proceedings can be stopped. You must present any evidence that is in your favor during the trial. During quash proceedings, evidence will not be considered.
How do you fight a DV case?
If the same information can be obtained using RTI Act (2005, which is accepted as evidence in court), then HUSBAND may enforce Sectin 340 CrPC regarding fake/false evidence and file a complaint in the same court that is currently hearing the PWDVA 2005 case.
Legal questions don't have Yes or No answers. Like life, the laws are subjective and no MCQs here.
Anyways, your query regarding relatives being made party to proceedings under Domestic Violence Act can be answered if the full details are provided by you. Legally speaking yes, a relative can be made a Respondent, however, such person must be in a domestic relationship with the aggrieved woman, who must be either a wife or in a living in relationship in the nature of marriage. Not all such persons can be made respondents, you must be able to establish that such person was indeed in a domestic relationship with you.
Hope that answers your query.
Anyways, your query regarding relatives being made party to proceedings under Domestic Violence Act can be answered if the full details are provided by you. Legally speaking yes, a relative can be made a Respondent, however, such person must be in a domestic relationship with the aggrieved woman, who must be either a wife or in a living in relationship in the nature of marriage. Not all such persons can be made respondents, you must be able to establish that such person was indeed in a domestic relationship with you.
Hope that answers your query.
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Adv. Wg Cdr Mohammed Mujeeb (Retd)
Delhi | 200+ Answers
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Yes, relatives of husband if residing in the same house i.e. Shared Household can become a party , provided there are allegations against them. To satisfy the legal requirement of Shared House hold the kitchen should be common. If they reside in same building but seperatelty and have separate kitchen then DOmestiv Violence case doesn't lie against them.
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Adv. Pankaj Kumar
Delhi | 100+ Answers
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A husband's relative can definitely become a party under the Domestic Violence Act, 2005. In order to make them a party such person should have been a part of the act directly or indirectly. The case should be drafted properly and the incident/s should be mentioned mentioning the role played by the relative in order for the court to summon the relative.
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Adv. Chirag Madan
Delhi | 25+ Answers
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No in a domestic violence case domestic relation has to be established. Therefore husband relatives I'm sure would not be sharing the same house, Therefore there is no domestic relationship established.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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