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Wife left house 2 years back and threatening for false DV case


24-Jun-2023 (In Family Law)
i am hindu, wife left 2 years back along with daughter whose school fee I am paying. Now wife is threatening to file false DV case. What should i be doing? Can I use Garewal judgement and seek quash. I am worried about Bhannot Judgment where time limitation for DVC has not been considered
Answers (3)

Answer #1
522 votes
Sir, first and foremost any case is pending , if u think ur wife might file dv case, u first and foremost take a anticipatory bail with regard to all the cases, and then file for quashing of the cases, u can also attach the garewal judgement but each court and every judge are different and it depends on the facts of the case.
Answer #2
572 votes
There is no time limit for d.v act since uneducated idiots have created it but take shelter by giving notice mentioning entire facts so that it helps u out in future so both judgmments will come into rescue so meet advocate and take earlier action before ur wife moves.
Answer #3
500 votes
If you think your wife will never rejoin you then file for a divorce case under the ground of desertion and seek for a divorce. Even though nothing can stop her to file DV case against you but if you file divorce case and settle it by giving alimony or maintenance then there is a less chance of filing DV case from her side. You just send one legal notice through your advocate by explaining the same that as she has not returned since 2 years even after your repeated requests hence you are filing this case.

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