Legal Advice

Court did not summons the sister in law in a domestic violence case: What to do?


Court did not summons the sister in law in a domestic violence case: What to do? My case of domestic violence is pending in the judicial magistrate’s court. In which three accused have been summoned. But the court is not summoning the sister in law only because she is not residing in the sharehold house. Kindly suggest what to do?


The criminal proceeding under the Domestic Violence Act (DV Act) initiates by moving a complaint under Section 12 of the DV Act. It is a complaint case and the Magistrate, after perusal of the content and evidence of the complaint issue process (summon or warrant) under Section 204 of the Code of Criminal Procedure (crpc).

At the stage of issuance of process, the court has to examine the facts of the case and evidence adduced by the complainant. If the court finds that there is sufficient grounds to proceed further against the accused then he issues summons [Dr. C. Abraham vs Maulavi 1990 CrLJ 533].

Magistrate has to issue summon if prima facie offence is made out

If you have successfully proved that the prima facie offence is made out against the accused including the sister in law, the Magistrate has to issue process. The Magistrate cannot evaluate or appreciate evidence and facts in a detailed manner for the issuing process. 

If the sister in law has committed an act of domestic violence the aggrieved person has right to file a complaint against the sister in law.

High Court can direct the Magistrate to issue summon

If you are feeling aggrieved because the Magistrate despite having prima facie case against the sister in law not issuing summons then you can move a petition before the High Court under Section 482 crpc for directing the Magistrate to issue summons. 

Otherwise, you should wait till the initiation of trial. If during the trial you produce enough materials against the sister in law that she has committed an act of domestic violence, then the court will be bound to issue summons. 

At that stage you should move an application under Section 319 crpc for calling your sister in law as an accused. The court after appreciation of evidence shall issue a summons against your sister in law. 

Shivendra Pratap Singh


High Court Lucknow

Latest Advice

Father can transfer entire property to grandmother

My age is 16 and I’m the only son. My mother died 3 years back and so now my father is going to re-marry. It’s a very tough situation, my father says that he’ll give the entire property and assets to my grandmother and then she’ll give all that to me when I’m old enough. Everything we own is ancestral property but then there is also assets like gold or silver. So is there any chance that my stepmother can acquire all that and push me out. I’m scared please answer.

Tenant has made substantial changes in premises without permission of landlord

I am writing to seek your professional advice regarding a situation I am facing with my tenant. Over the past three years, my tenant has not paid rent, and I am concerned about the legal steps I can take to address this issue. Can I terminate the rent agreement based on this non-payment?

Additionally, I recently discovered that the tenant has undertaken significant alterations to the property without my knowledge or consent. This includes filling a large cavity, which seems to have resulted from his negligence. He has also installed an extra bathroom, toilet, and kitchen on the premises without obtaining proper authorization. It appears that he neglected to properly fill the trenches used to lay sewerage and water lines, leading to structural damage such as cracks in the walls and ceiling. He has written that he has spent on filling up the cavity but has not given details of expenses. However, he is trying to link it with non-payment of rent.

Given these circumstances, the tenant is now requesting extensive repairs to the property. I would like to mention that the tenant is 90 years old, and all of his sons have their own residences. It seems that he intends for his grandson to continue residing in the property as a tenant.

I would greatly appreciate your guidance on the legal options available to me in this situation. Your expertise and advice will be invaluable in helping me navigate this complex matter.

Thank you for your time and consideration. I look forward to hearing from you at your earliest convenience.

P.S. How can I send the rent agreement cum compromise?

NOC from government for taking admission in foreign university

I am a govt servant and currently in a process of making applications to numerous foreign universities  for a PhD program.  I asked my organization for a general NOC applicable to all universities. They denied and asked me to mention the name of the university to which I am applying.  As currently I am in a process of making applications and my admission is not yet confirmed. I cannot mention a list of 10-50 universities in my application.  Kindly help me write an appeal / application for issuance of a general NOC.