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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..
Answers (3)

Answer #1
980 votes
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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Advocate Pathikonda Murali

Adv. Pathikonda Murali

LawRato Chittoor | 100+ Answers
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Answer #2
554 votes
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.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRatoHyderabad | 5+ Answers
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Answer #3
500 votes
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.
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Advocate Rajagopalan

Adv. Rajagopalan

LawRatoHyderabad | 25+ Answers
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