• I got domestic violence notice - what should I do

I received Domestic Violence Notice of my wife's name from my brother in law's wife.
they told to attend court on 15 Nov 2018 else they will final case against us.
actually court received from Amaravati District and i am from bhandara district
there is 300km difference.i have small baby of 2 yrs..as per environment his health is not good... so i think that should i go there with my wife or not...if not going what should happens..what should be result they can take...if i go there..then can it possible to take final decision in first attempt or it will also take 6-12 month as i read court always takes more time...this notice is first notice in my life thats why no knowledge.
(as i remember before 5-6 month ago some violence is happens.. my brother in law's home is around 100km from my home so some time they we go there and for mutual understanding and now 5-6 month brother in law's wife is not with husband she is at with her mother and now after 5-6 month after she send a notice)
am too much confused what to do ??
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

Hello,

You sill have to appear before thr court, otherwise the court will pass an ex parte order. Also, it will take 6-12 months for the case to get decided.

Get in touch a local lawyer who may help you in defending the case.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If it's a Domestic Violence case, then you need not worry, they will not arrest you. Since you will not be Respondent 1, You need not go there also. Hire the same lawyer as your Brother-in-law and tell him to inform you if at all your presence is required.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

Your personal presence is not necessary

2) you can engage lawyer to appear on your behalf

3) file detailed reply denying allegations made in the complaint

4) DV cases take 6 years to be disposed of

5) you can file application for discharge as there is no shared household and you are staying separate from your brother and sister in law

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You have to approach the High Court and file a writ petition for quashing the FIR.

Considering facts of FIR the High Court may quash the FIR or provide the stay on arrestbtill the final report or charge sheet

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hi, kinldy explain that wether the notice is from court or from the investigation officer ???If the notice is from court or police officer then you should go for joining the investigation

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

If you have received a summons I would advise that you appear at all costs

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Sir it would be better that you engage an advocate on your behalf and further the advocate can file exemption on your behalf and seek time for.reply and can collect documents.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Appear through a lawyer if you/your wife cannot appear personally.

Seek time to file a reply.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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