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How to defend a false domestic violence charge
17-Feb-2023 (In Criminal Law)
My wife left me in 1 august 2015 an filled false allegation in her dv complaint that my mother in law took all his jwellery on particular occasion and never returned.i attended caw cell counselling but no dowry list has been given to me .after failed counselling in caw cell fir has been registered .its been one year i havenot received any notice from police too.all allegation were false .am contesting dv as well as 125 case.instead she is waering that jwellery on various occasion afterthat when she said that it had been taken. Further few of her jwellery is lying in our house but i want to return her as dont want to stuck in any legal issue .how can i return that in court myself.mediation is also in process with least probabilty of settlement.
Leveling allegations is one thing and proving is another.if allegations are false it's cannot be proved.Any good lawyer knows how to get bottom of the truth.If you are having some articles of your wife with you why you did not return at the time of mediation.what was your Lawyers advice.its alwyas good to take Lawyers advise in each step.125 is a sustenance allowance which educated lady should not be granted normally.DV act is wide field you have not mentioned what all on earth she had claimed in her Petition and what's the report of the officer.Dont worry you can come out of it with a Good Lawyers
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Adv. Amit Gaurav
Delhi | 200+ Answers
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See you need to consult with all the details of the case. In your situation a calculated and planned approach to litigation can only save you money and time. If, you have pictures of your wife with the jewellery that she has accused your mother of having possession then that needs to be presented in court. But the timing of that production has to be examined. I would suggest that let her first depose in court on oath about jewellery allegation and then in cross- examination if you produce the alleged jewellery photos with her then, that would impact the conscious of the court.
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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These type of issues are very common in matrimonial disputes.as per your information mediation is going on ,you can settle your matter in mediation if possible,if not make a list of her articles lying in your home and file before court and hand over as per court directions, otherwise every case has its own limitations
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Adv. Puja Shrivastava
Delhi | 100+ Answers
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