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can court taking cognizance in domestic violence case remove the names
21-Jan-2025 (In Family Law)
can court taking cognizance in domestic violence case remove the names of my mother in law and my father in law from the list of accused persons after taking cognizance against them on the basis of the application filed by mother in law and father in law,seeking this relief.?
cognizance can be taken by the Court only if you or the police file a complaint case against the accused.
Yes, there are possibilities of removing the name of old age parents as per the stage and situations of the old age parents. but then you will have to show the reasonable cause, basis on which the court will decide whether the permanent exemption or removing their name can be allowed to them or not.
for details plz dm so that I can help you more.
Thanks
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Adv. Divya Kiran
Patna | 50+ Answers
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Yes if the court finds they are not living in the share household then the parents name can be stoke off from the accused list. One application have to moved by the accused for further details and information please free to call me
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Adv. Anupama Sharma
Delhi | 200+ Answers
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Yes, the court can remove the names of the mother-in-law and father-in-law from the list of accused in a domestic violence case based on an application filed by them. This is possible under Section 190 of the Code of Criminal Procedure (CrPC), which allows the Magistrate to take cognizance of an offense and review or modify the list of accused if justified. If the mother-in-law and father-in-law provide sufficient evidence or grounds proving they were wrongly implicated, the court may grant them relief and remove their names from the proceedings. It is advisable to file a detailed application supported by evidence and seek legal representation to ensure a fair hearing.
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Adv. Rupal Dwivedi
Delhi | 50+ Answers
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