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DV Case Dismissed Judgment 2020, DV Act 2005. |
DV Case dismissed Judgment 22.07.2020-Bald statements without any specific details against the distant relatives of the husband in the view to harass them.
The order of issuance of notice under D.V.C. Quashed & the petition against the relatives is dismissed.
The counsel also submits that relatives are residing away from the shared household as is defined under Section 2(s) of the D.V. Act and as such, there was no commission of domestic violence by these relatives insofar as the complainant wife is concerned.
Hence, a petition against the relatives who are relatives of the husband of the complainant wife needs to be quashed.
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Read Related Article-Domestic Violence Case Quash Judgment 22.01.2020- No Specific Allegations against Distant relatives of husband on the Acts of Domestic Violence. DV Criminal Case Quashed.
He also submits irrespective of the fact that they are residing elsewhere; they are necessary parties in this petition since they also instigated the husband of the complainant wife in imparting the domestic violence and therefore sought for dismissal of the criminal petition.
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Check Related Article-DV Act, 125 CRPC केस मैं पति मेंटेनेंस/खर्चा देने से कैसे बचे How to avoid giving Maintenance
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When the allegations do not contain a semblance of domestic violence as per Section 3 of the Act proceeding against them by the issuance of notice by trial court needs interference by this court.
Moreover, as could be seen from the relief claimed in the petition as referred to supra, no specific relief whatsoever is claimed except making a bald statement that these relatives are to be punished.
As such, they are not necessary parties for the adjudication of the dispute in question. The high court relied on the judgment of the Hon'ble Apex Court in the case of Shyamlal Devda and others V/s. Parimala reported in (2020) 3 SCC 14.
Read Article on Useful Tips for Husbands to handle Mediation proceedings in 498a/DV/125 Cr.P.C.
______________________________________________________The order was passed mechanically. Order does not indicate as to what prompted the trial court to proceed against the relatives also and without there being any semblance of application of mind as to the existence of prima facie case, ordering issuance of the notice, cannot be sustained in the eye of law.
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How to Fight Maintenance under Section 125 CrPC |
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