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False DV case against family by brother's wife
18-Jan-2023 (In Criminal Law)
My brother is married since 2 yrs and his wife after 1 yr slapped him with 498a and then with maintanace. Now those cases r running since jan 2017 till now.wife has now last month filed DV maintainance to my husband mom and 1 sis who is married since 2 yrs.Court is just accpeting cases no proof of such voilence or anything happened. Can we my sis and mom can file Dv to her for unncessary torcher and cases to defame us or there any option..
you have not mentioned whether your family joint family or not 2. if there is no allegations against other than first respondent you have to approach high court to quash proceedings or after closing of DVC Other respondents will file case against the petitioner i.,e after orders of dvc. cont.advocate
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Adv. Pathikonda Murali
Chittoor | 100+ Answers
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What is the latest judgment on quashing of FIR?
In its ruling in Mohammad Wajid V. State of U.P., 2023 LiveLaw(SC) 624 the Apex Court stated that the criminal history of the accused could not be used as the sole factor to refuse to quash criminal proceedings. 12-Aug-2023
What happens if my wife does not withdrawing 498A after settlement?
Note that the settlement has not been completed yet, as she still hasnt received her full settlement and no divorce was granted by mutual consent. If she still does not withdraw her 498A case, you can file a full quashing on this basis wherein the High Court will quash the case. 4.
How do you quash an FIR settlement?
Quashing an FIR Based on Compromise. The High Court may quash a FIR in the event that the complainant and accused have reached a compromise. Both parties may file a joint application under Section 482 (CrPC) presenting the terms of settlement. 24-Jul-2023
What happens after 498A is quashed?
The accused will not be charged with fir if he wins the quash petition. The High Court quashes all fir proceedings. The accused person will not be subjected to a rigorous process.
Dear,
As your sister-in-law filed cases under Section 498A IPC and DV Act against your brother, mother and sister, your mother and sister too will need to appear in those cases and prove themselves innocent and get the cases dismissed. Thereafter, they can file criminal defamation case and/or defamation suit against your sister-in-law and get her either punished for her false criminal case or make her pay compensation to your mother and sister for defaming them and causing loss to their reputation in the society.
As your sister-in-law filed cases under Section 498A IPC and DV Act against your brother, mother and sister, your mother and sister too will need to appear in those cases and prove themselves innocent and get the cases dismissed. Thereafter, they can file criminal defamation case and/or defamation suit against your sister-in-law and get her either punished for her false criminal case or make her pay compensation to your mother and sister for defaming them and causing loss to their reputation in the society.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Hi
In a DVC Case, the mother and sister can also file counter cases against the daughter in law which will be taken cognizance by the court.
Alternatively, your mother and sister can also file a discharge petition before the trial court and in 99% of DVC cases, courts will discharge the mother and sister if it can be demonstrated that they are not necessary parties to the case.
In a DVC Case, the mother and sister can also file counter cases against the daughter in law which will be taken cognizance by the court.
Alternatively, your mother and sister can also file a discharge petition before the trial court and in 99% of DVC cases, courts will discharge the mother and sister if it can be demonstrated that they are not necessary parties to the case.
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Adv. Rajagopalan
Hyderabad | 500+ 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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