Wife filed false domestic violence case, what should I do ?

593 votes

Nowadays the laws infavour of the women, the same enacted in their favour with the indent to safeguard their right. Once the alleged complaint has lodged by the wife then the husband and his family members should get anticibatory bail from the court by proving their onnocense to escape from the arrest at the hands of police. In case,in future you may come out from the case by proving that the alleged offence is false and fabricated. But until thend you have to contest the case. Now your case has been referred to mediation. So try to settle the issues through the mediation by settle something. In the meanwhile if you wish you may file the divorce petition before the family court, Chennai under the ground of cruelty. Lodging the false criminal case also can be ground for divorce. I am also from Chennai. If you need any further clarification feel free to contact me.

Advocate Selvaperumal LawRato

997 votes

First of all need to know the complaint and allegations against you. If court refers for mediation then we need to look at that if both the parties agreed. Else we can go for anticipAtory bail. .

Advocate B. Sivasubramanian LawRato

940 votes

Dear Sir, The High Court has referred you for Mediation in AB Petition. Are you willing to arrive at any settlement during Mediation? If you are settling the matter in Mediation then the Police complaint will be withdrawn by your wife. Also in the Settlement you can ask for divorce by mutual consent so that all the matters can be settled at one time itself. If you are not ready for any settlement in Mediation then the Mediation Centre will send the case back to the High Court. In High Court you may not be able to show any proof to show that the case is false. All the proofs should be given only in the Criminal Court if the case is charge sheeted and you can prove only there if you are innocent. Unless we discuss in person and understand the entire case, it will be difficult to give you correct advice.

Advocate Suchit Palande LawRato