Name Removal Application For Parents In Dv Case
26-May-2025 (In Domestic Violence Law)
Can a name removal application in dv case be put before summoning of parents so that they should not be summoned....and if yes what are the ground of for name removal. Is there any specific section that deals with name removal?
No application can be filed in a DV case before the magistrate takes a cognizance and issued summons. Application can be submitted before the concerned court only if the Learned Magistrate takes the cognizance of the DIR. Even an appeal before the Session Court can be filed under section 29. For further advise you may connect
The names of parents can be removed by filing a discharge application under Section 239 of Criminal Procedure Code. We have to show that there is no case made out against the parents and that opposite side (Wife) has filed the case only to harass your parents. This is typically done if summons have already been issued.
If summons are not yet issued, we can argue the case at the pre-summoning stage to show that there is no evidence at all against your parents and that the case against them is false and frivolous. We will not need to file an application at this stage. Only through arguments, it can be shown that no evidence is there.
How can the name be removed even before summoning. Summoning is the first Instance of application of legal mind by the concerned official. Once WS is asked for pre-summoning you can make submissions against inclusion of their names and if still summons are issued against your parents you can get it quashed
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