Legal Question in Family Law in India
My wife has filed the domestic violence case against me and my parents and my grandfather last year for harassing us and asking maintance.The case was running for more then one year.
Still now they did not file any evidence.
Now they are asking my grandfather to come to court.He is more then 85 years
old and he cannot able to walk and hear.
Actually he is not necessary in this case.Because we live as a separate family in andhra.
My parents and my grandfather are away(500 km) from my family.They live in Tamilnadu.
For harassing our family members she is asking him to come to court.He is not in good
health condition now.He is aged person.
So both the advocates are argued for this and finally the court rejected my application.
And now They are asking our grandfather to come to court.
My question is
1,How can we avoid this?Because he cannot come to the court because of his health condition.
2,How can we remove him from this case?
so give some ideas.
3 Answers from Attorneys
File an appeal against this order to an appellate court. You can file a petition u/s 482 before the High Court for quashing of criminal case against your Grand Father.
in case the order issued by the M.M., you may file an appeal against the order before the sessions judge and explain the reason for non appearance of your grandfather due to old age. in DV cases, it is not necessary for the parties to appear in person unless directed by court.
i agree with Adv Gupta
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