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Do i need to be in India for a false DV case filled on me


16-Sep-2023 (In Criminal Law)
Hi All, My brother and parents live in India; my brother’s wife has complaint in police station for 498a and DVA 2005, in which she has put the name of my parents & mine. What are chances that my name will excluding in the final charge sheet submitted by police. Can I come back to India or I need to remain in Spain only until the time case is not resolved if police do not remove my name from charge sheet. I have never lived with her except 1~2 days in the transaction mode when I going to my home town or my husband’s house. At the time of brother’s marriage, I will living in Chennai then I got married and went to Spain with the boy, and currently I am there from last 6 yr also I am holding Spanish passport.
Answers (2)

Answer #1
991 votes
Your Question: Hi All, My brother and parents live in India; my brother’s wife has complaint in police station for 498a and DVA 2005, in which she has put the name of my parents & mine. What are chances that my name will excluding in the final charge sheet submitted by police. Can I come back to India or I need to remain in Spain only until the time case is not resolved if police do not remove my name from charge sheet. I have never lived with her except 1~2 days in the transaction mode when I going to my home town or my husband’s house. At the time of brother’s marriage, I will living in Chennai then I got married and went to Spain with the boy, and currently I am there from last 6 yr also I am holding Spanish passport. Answer call me on my number
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Advocate Anand Pal Rana

Adv. Anand Pal Rana

LawRato Panipat | 25+ Answers
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Answer #2
924 votes
It is usual for women to put names of husband's parents and siblings in the complainants given to Police and under Domestic violence act, however since you haven't lived with the complainant, it is likely that you may be dropped from list of accused, once chargesheet is filed by the police. Similarly you may apply for removal of your name from list of respondents in DV case filed by your brother;s sister. You may contact me with specific details of your matter.
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Advocate Vivek Nasa

Adv. Vivek Nasa

LawRatoGurgaon / Gurugram | 5+ Answers
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