Wednesday 29 July 2015

[SaveIndianFamily] Parents Name in DV Case

 


Dear Brothers,

As of now wife filed only DV case approx 3 month back in which me and my parents are respondents.  Approx 7 year is passed for marriage. Actual situation is wife is always living with me in Delhi/NCR in rented flat since marriage and parents are living in Agra (UP) however we used to visit my parents' house in agra only on festival or some special occasion ( approx. sometime one and two visit in one quarter).

I have read the below three definition of DV Act, 2005 and just want to interpreter more with you fighters.

1) Respondent" means any adult male person who is, or has been, in a Domestic relationship with the aggrieved person.

2) Domestic relationship" means a relationship between two persons who live or have. at any point of time. lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;

3) shared household" means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent~ or owned or tenanted
by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household;

If I interperate all above three definitions that Mother should not be respondent because Respondent" means any adult male person only. Further she is not in domestic relationship with my wife and never living in shared household.

My father is also not in domestic relationship with my wife and never living in shared household.

Please correct me if I am wrong or if I am wrong then is there any possibility or way through which I can exclude my parents name in DV petition.

With Regards,
MA

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Posted by: manoj agrawal <manojca12@yahoo.co.in>
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