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Dv act 2005 case file in march 3 2020 and after that lockdown came
21-Jun-2023 (In Civil Law)
My wife file a case of 498a in2019 in which I got bail with condition that she will live with me. After 3 monthr she visited her parents for dashra and diwali festival. now file my bail cancellation 6 month later after going there that I throw her out of my house and was beating here and violated bail condition. At same time she file a civil case of DV2005 in which she had claim that when case was registered and bail granted I was asked to take her at job location and I did not do that. I had all evidence of her presence in my house and i was taking good care of her. The day she left me she was crying at call and saying please take care and i will miss u. Can a beaten wife will say like this? before leaving husband house. I had recording of her mother she requested me to allow her daughter to come for festival and for that she herself furnished flight ticket her( evidence I had). 2 statment about visiting my house and not visiting house 2 differ case?can I use it? And how? 340 possible
The observations made by you herein which are contrary to the facts mentioned by your wife in her DV petition can be taken up for contradiction but till the time she is not confronted with the evidence contrary to what she has submitted. Though you can very well file 340 application alongwith necessary evidence proving her claims as wrong and false and see what the judge has to say.
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Adv. Harshit Jain
Delhi | 100+ Answers
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Adv. Harbansh Kumar Chaturvedi
Delhi | 50+ Answers
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Firstly, if she has filed the bail cancellation under 437(5) crpc that is to be defended and argued profoundly with arguments corroborating with the evidence in hand.
Second, it depends what she is seeking in the Dv case like she is seeking protection order, residential order or any other remedy. In such cases, domestic incidence deport ia filed under section 10 of the act, 2005. This is the best stage to either forced the complainant to withdraw the case or to get it diposed off.
Third, you can use it. No issues with using the evidences you have, but the best stage to use it is the determinant as to whether your case will be strong and we can question her statements made in the court. That will be a better stage to use 340. As of now, you should look out for effective defence in the case and get them disposed off.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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Perjury is easy on papers but difficult practically. Sec 12 Petition filed by your wife in DV case is a type of complaint case. This case is quasi criminal in nature as per section 27 & 28 of DV Act. Procedure is criminal while award is civil. It's better to be ready with your proper reply because that will be the bone of your case after a while. And nothing to worry, your wife will fight only for interim maintenance application which she must have filed along with this Petition under section 23 of DV Act. Keep Calm & Patience.
P.S : Don't file Divorce on your own.
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Adv. Roopenshu Pratap Singh
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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