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Family Members Through Trail In DV Case


10-Feb-2024 (In Domestic Violence Law)
Hi expert's please provide me clarity regarding the following matter, my wife has filed DV case against me and my whole family, and she made my family members part of the case, at present petitioners crossing is going on, my question is, during their crossing my whole family need to be in witness box and need to go through the trail? how can we avoid parents not to go through the trail process? Thanks in advance
Answers (3)

Answer #1
868 votes
Dear Sir,

Ask your Advocate to file exemption application to exempt your parents from appearing on the hearing date as they are sick or otherwise unable to attend the Court. Like that you can avoid appearance of your parents before the Trial. Your Advocate can file application under Section Two Hundred Five of Cr.P.C seeking permanent exemption of your parents on the ground of old age etc.
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Answer #2
550 votes
okay I understand your questions so now Dv case filed by your wife now it is cross examination time your allll family members are not ready to come to court for giving evedance you have to file a case at court and delete the name in d v case it is best you can file a case at high court and send the order to court
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Answer #3
852 votes
You can file an application for discharge of your parents from the case.
The application can be filed at any time of the proceedings.
If there isn’t any specific and direct allegations against the family members then this is a fit case for discharge of the family members.
For the DV case, the presence of the family members and yourself is not required in every date of hearing as the same is a quasi criminal case and you’re the respondents in the case not accused.
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