Ans: Procedure: To present an application before a Magistrate , it is required to prepare an application in the prescribed form and include the particulars of the domestic violence, the relief sought and any interim or urgent relief needed.
Ans: After receiving an application from an aggrieved party, the Magistrate will fix the first date of hearing within three days of receiving the application and try to dispose of it within 60 days.
Ans: Afia Rasheed Khan vs. Mazharuddin ali khan and ors on 3rd December, 2021 comes to rescue. Here the wife claimed that she has been living in Hyderabad with in laws and forced to travel to Mumbai where she claims that she was harrassed by the in laws as well as surveillance was put on her. Her counsel claims cause of action. Bombay High Court Held : Thus, averments in application suggest, that Applicant is well educated person; she is financially sound; her parents are in business. In consideration of her background it is difficult to accept her contention or that she could not seek protection order at Hyderabad. In other words, application in no way suggest or implies that she was forced to leave the Hyderabad and or she was intending to reside in Mumbai. On the contrary the chronology of the events do suggest, that the Applicant engineered the cause of action with an intention to file case and confer jurisdiction. Dismissed wife contenti...
Comments
Post a Comment