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False domestic violence case against us by my brother wife


10-Sep-2023 (In Criminal Law)
Hi A false domestic case has been filed against whole family to threaten us after my brother filed for divorce and a court notice has been sent to us. But we were out of station and only my mother who was at home could receive the notice. Is it enough if she alone attends or do all we need to attend the court.. Is a lawyer needed for the same. Please guide
Answers (2)

Answer #1
570 votes
Domestic violence - When acts of domestic violence is alleged, before issuing notice, court has to be prima facie satisfied that there have been instances of domestic violence. (IMPORTANT) Domestic violence - Relatives of husband - if no specific allegations - Criminal case of domestic violence against relatives case go to quash
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Advocate Sujan Mada

Adv. Sujan Mada

LawRato Warangal | 50+ Answers
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Answer #2
740 votes
Notice has been served on one of your family members, so all should attend the court proceedings. You have to engaged a lawyer to defend the case, otherwise you will be put to irrepairable loss. Defend you case before the court by stating that, soon after divorce, this case has been filed. If the said case has been filed after a period of one year, then the same will be quashed by the Hon'ble high court of the state.
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Advocate Tajuddin Chishty

Adv. Tajuddin Chishty

LawRatoGuntakal | 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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