Legal Question in Family Law in India

regarding DVA against mutiple people

I am filing a DVA against my mom-in-law and husband. Will both of them be summoned or only one of them. My main target is my mom-in-law. Canm my mom-in-law and hubby be arrested if they refuse 2 take me bk to their house


Asked on 4/06/09, 6:20 pm

5 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: regarding DVA against mutiple people

you cant file case under dv act against you mom in law, they will be first issued summons

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Answered on 4/07/09, 9:15 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: regarding DVA against mutiple people

No they will not be arrested. Yes summons can be issued against both

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Answered on 4/07/09, 9:32 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: regarding DVA against mutiple people

You may also consider filing 498-A IPC with the police.

They may not be arrested in DVA but possibility of arrest is much more in 498-A IPC police complaint.

DVA is essentially for obtaining (a) protection order; (b) restraining order; (c) shared residence; and (d) claiming damages for domestic violence, including maintenance.

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Answered on 4/06/09, 10:41 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: regarding DVA against mutiple people

Hello.

Good Afternoon!

As far the DVA is concerned there would be less chances of the arrest of your husband and mother in law.

I would advise you to file a 498-A IPC.

In case of need please contact personally alongwith the details.

OR

Please mail if you have any further query.

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Answered on 4/07/09, 3:27 am
KLA RANU RANU LAW ASSOCIATES

Re: regarding DVA against mutiple people

Action of the court depends on whether disputed house ownership belongs to your mom-in-law or your husband?

If the ownership belongs to your husband,you can get favorable order but if it belongs to your mom-in-law,you have no case under DVA.

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Answered on 4/07/09, 3:53 am


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