Discharge petition for family in dvc in lower court

[vij kumar]

I am staying separately with family before and after marriage. She left 18 months back to their home and filed dvc 3 months back on me, my family.

Is there any judgment/provision available related to discharge for family member’s in dvc in lower court?

Thanks

[Dr. Ashok Dhamija]

The answer to your question will depend on the detailed facts and circumstances of your case. It is not possible to reply to your question which is based on facts as to whether the family members’ names can be removed from the case under the Protection of Women from Domestic Violence Act, 2005. Please consult some local lawyer.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[vij kumar]

Thanks you Ashok sir for your reply…

the fact is that she never stayed in my parents house…she made allegations that my parents asked for dowry and did harassment to her.

she occasionally stayed at parents home for 5 days in one year marriage period.

Since there is no domestic relationship.. can we file discharge petition in lower court?

I consulted couple of lawyers but they said there is no such provision to file discharge petition in dvc case as it is civil case( no framing of charges).

They said quash in hc is only option. Discharge option is not available for dvc case in lower court?
Is what they said correct?
If discharge is available under which section we need to file it?

Thanks

[Author]

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