Legal Question in Family Law in India

I am from AP state.
There is a false DVC case and there are 6 respondents present. R1 to R4 are part of the same family. R5, R6 are relatives who do not live with R1 family. R5, R6 have not received the notices so far in DVC.
Opponent lawyer is misguiding the magistrate to initiate NBW on R5, R6 as my lawyer was not present during last instance. However my lawyer has filed a Memo to recall NBW on the grounds that R5, R6 have not received notices.
Questions:
1. What should be done if NBW is initiated on R5, R6 ? Should we approach to HC for quash of it ? Any other immediate steps to be taken as precaution?
2. Can I take action against magistrate for misuing the power/authority of giving an NBW in civil matters?
3. Are there any HC/SC judgements to counter this - NBW shouldnot be initiated for DVC case or magistrate misusing the power ?

Asked on 12/10/11, 8:32 pm

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You may need to engage a lawyer for helping you. Our opinion may not be an effective remedy.

Answered on 12/10/11, 8:38 pm

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