Legal Question in Criminal Law in India

Domestic Violence Act 2005

My wife has filed a petition under Domestic Violence Act 2005. She used the section 27 of the Act to make the application. This section 27 talks about the jurisdiction details of the Act. As per the rules, the application should have been made under section 12. So, my lawyer says that this DV case can be quashed as she used wrond section to file the application. Please let me know if this is correct.


Asked on 12/26/08, 7:07 am

5 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Domestic Violence Act 2005

One need to know the contents of the petition and orders of the courts thereon. Mere mentioning of section may not get you proper advice.

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Answered on 12/27/08, 12:34 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Domestic Violence Act 2005

such mistakes can be rectified any time stating that it was a clerical mistake made by oversight etc

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Answered on 12/29/08, 10:27 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Domestic Violence Act 2005

No, that is not correct. Mere mentioning of a wrong provision is NO GROUND for quashing.

You should rather consider seriously to settle the matter out of court to avoid unnecessary litigation expense and wastage of time.

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Answered on 12/27/08, 9:35 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Domestic Violence Act 2005

Hello.

Your lawyer is right in this case it can be quashed.

For further information details are needed.

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Answered on 12/26/08, 7:16 am
G. M. Gupta gmguptaandassociates

Re: Domestic Violence Act 2005

mentioning of wrong section in the heading is no ground for QUASHING.

if party says that it was a clerical mistake then it can be rectified.

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Answered on 12/26/08, 7:18 am


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