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Is it necessary to prove domestic violence


23-Sep-2023 (In Criminal Law)
If wife files a complaint in police station of domestic violence, is it necessary for her to prove her statement? My wife cheated on me, she hided information of her first marriage from me. She married me in spite of having first marriage n baby from her first husband. She is not legally separated from her first marriage. I have filed a case under 420 for cheating me. Now she is forcing me to withdraw my case and to threaten me n my family she have filed false complaint of domestic violence against me. What should I do now?
Answers (3)

Answer #1
819 votes
Yes obviously if you'r wife files complaint against you it is her duty to prove her case. First of all to withdrawal your case under section 420 of ipc. Because your wife done the offence of bigamy. She committed that offence against her first husband.
Answer #2
696 votes
First of all you have to file petition for Nullity of marriage under section 12 of Hindu Marriage act.As your wife's first marriage is not legally came to an end.
Do not withdraw a criminal case but it is not gives you any substantial releif . If she file DV case you appered in that and state your defence and about this cheating.Please also try for Muthual settlement of Dispute first of all if possible.
Answer #3
731 votes
First of all don't panic. Your marriage itself is not valid with lady. Since she is already married to some other man, your marriage is void. Also since there is no existence of marriage then she cannot file complain against you in regard to domestic violence.

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