Regarding consultation of DV case

817 votes

For removing the name of your married sister from DV case you can opt for FIR quashing. Further you can also move an application for the same. Feel free to contact me for seeking any legal advice as regards the same.

Advocate Prerna Shukla LawRato

670 votes

You have 2 options either she can file an application in the Trial Court for deletion of her name. OR She can directly approach the HIgh Court for quashing the proceeding against her. However, the merits to context above will depend on other various factors, which cannot be answered owning to limited information provided by you.

Advocate Rahul Pardeshi LawRato

567 votes

To remove your married sister’s name from your wife’s Domestic Violence (DV) case, follow these steps: Consult the Case Documents: Obtain a copy of the complaint filed in the DV case and identify the allegations against your sister. Analyze whether her involvement is justifiable based on the facts. File an Application for Discharge: Your advocate will file an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, or under the relevant provisions of the Code of Criminal Procedure (CrPC), seeking discharge of your sister from the proceedings on the grounds that she is falsely implicated or her role is not substantiated. Present Evidence: Provide evidence proving that your sister does not reside in the shared household or is not involved in the alleged acts of domestic violence. This could include her residential address, marriage certificate, or other relevant documents. Argue Non-Maintainability: Your advocate can argue that a married sister, especially living separately, is not liable under the DV Act unless substantial evidence proves her involvement. Seek Quashing in High Court: If the application for discharge is denied, you may approach the High Court under Section 482 of the CrPC to quash the proceedings against your sister.

Advocate Kiran Ashok Gangurde LawRato

957 votes

Well, you need to seek a Cleanchit for your married Sister in which DV Case, her name has been cropped up. Seeking Clean Chit may take several months or years down the line, until then, your Married Sister has to appear in Court, if she is being called so.

Advocate Pankaj Bajaj LawRato