DV Trial Court Power & Case Judgements for dismissal of DV cases
I have very precise questions on specific section and trial court case reference/judgement for DV cases.
I have filed preliminary objection / non maintainability petition in trial court under DV complaint (since wife filed DV after 3 years of leaving matrimonial home, I would be Quoting SC/HC court judgement citation and point by point rebuttal/rejection).
He also asked me to find out under which section - Lower court (trial court) can dismiss / discharge DV case. He also told me in DV case; trial court can't be dismiss case under 239/245 sections - because complainant filed DV directly to court and trial court doesn't have such power to discharge/dismiss. Please shed some light on this.
My precise questions are
1) Is there any judgement in "trial court" (anywhere in india) where it has discharged / dismissed petition under DV complaint - if yes under which section -
2) Did any trial court considered HC/SC Judgments pertaining to DV time limitation; anywhere in India, if yes which court/judgement?
3) Does trial court has power to remove respondents from DV Complaint (if it thinks appropriate at prima facie) ? if yes Do we have to file separate name deletion application?
Really appreciate your help in advance
I would be quoting following SC/HC Judgments (and few more) + Prima Facie evidence with preliminary objections
SC 2011 - Inderjit Singh Grewal vs State Of Punjab
MP HC - Swapnil Kolhe vs Kirti Kolhe (http://bit.ly/1JxyUrG)
Bombay HC 2013 - Justice Roshan Dalvi Judgement (http://bit.ly/1KTVSZj)
Delhi HC 2010 - Payal Malik case (http://bit.ly/1HzN8T6)