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Clarification regarding arrest in DV act
17-Aug-2023 (In Family Law)
My friends wife has put fraud case of dv on him and its clearly written in petition that she is staying away from from him last 1 year is there any arrest in this case
In dv case police can't arrest you only they served a summons copy to you to attend the court proceedings and its clearly mention in the summons the time and date on that summons copy. So you have to attend the court proceeding only. Police cannot arrest under domestic violence act.
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Adv. Rajesh Dayashankar Shukla
Mumbai | 25+ Answers
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hello client, first of all u should provide us full details of matter with document including petition which you are talking about....without knowing the actual matter no advocate in this world can help you.
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Adv. Sachin Vijay Shukla
Mumbai | 100+ Answers
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There cannot be a fraud case in DV. DV means domestic violence inflicted on the woman.
Even if the wife is staying away for one year, yet she can file an application under the domestic violence act and seek reliefs that are given under the act.
In any domestic violence proceeding, the husband is not an accused but only a respondent, unless he disobeys the order of the court. Thus, till that time there is no question of arrest.
Even if the wife is staying away for one year, yet she can file an application under the domestic violence act and seek reliefs that are given under the act.
In any domestic violence proceeding, the husband is not an accused but only a respondent, unless he disobeys the order of the court. Thus, till that time there is no question of arrest.
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If the husband has violated orders, if any passed by the Hon’ble court then he can be arrested. If the Hon’ble court has passed orders regarding interim/ final maintenance and the husband is not paying the same and wife has made application to that effect he can be arrested.
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Adv. Namita Kanhurkar
Pune | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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