How to deal with a false DV case

927 votes

hi, since DV case has been filed you have to appear in court for same and contest the case to disprove it .
now in it seems you dont have to get seperated and also your wife is not observing conjugal relations and not allowing to meet you daughter.... in that case you have to file restitution petition in family court and in the counselling sessions you hav to ask for temporary access of daughter if fail to conclude in counselling sessions then you have to apply for temporary access application in the case of restitution. during counselling sessions your all queries will be heard and matter sometimes gets settled in either way.

Advocate Vikas S Mahadik LawRato

819 votes

Dear Client,

Looking into your case, my legal opinion is as under:

I would suggest take your wife to good marriage counsellor, but remember out of love and affection do not forget to protect your and your parents i.e. family interest..... anything in limit is good but when if you can sense something is going bad or bad is above to happen other than going to marriage counsellor or trying to find the root cause of her rude, cruel behaviour, also try to collect EVIDENCE so that you can protect yourself.... remember Evidence can only protect you along with a good lawyer. for rest you can call and seek and appropriate counselling from me over the phone.

Advocate Arun R Atwal LawRato

536 votes

For daughters visitation you can file custody potion in court. If you want to stay with your wife and daughter go to court for restitution of conjugal rights. You have to fight with her domestic violence case and defend you from false allegations.

Advocate Sarita Shintre LawRato

873 votes

Dear Client,

Thank you for sending your query. What I can understand from your question is that you were not served a notice for the DV and dowry cases and that you only came to know about them after 2 years. Is my understanding correct? Also, can you please tell me what is the status of the DV and the dowry cases? Have you been proceeded against ex parte? Was a wrong address given in the complaints because of which you were never served? I need some more information before I can give you a considered opinion.

I look forward to hearing from you. In the meantime, please do let me know if I can be any further assistance.

Best regards,

Vaibhav Raina

Advocate Vaibhav Raina LawRato

942 votes

Immediately engage an Advocate for your pending case of Domestic Violence, and file your reply therein. Approach to High Court for an order to decide your case expeditiously. Try to take custody of your child.
Thank you!

Advocate Amit Ranjan Mishra LawRato

650 votes

Hello dear. As per your query it is clear that your wife is having extramarital affair and this is the ground for obtaining divorce from her although the procedure is a little bit lengthy. As you have filed case for divorce she has file domestic violence case against you and in that case you will have to prove that you have not committed any domestic violence and she is settling scores with you as you have filed a divorce case. Fight the case on merit and I think you will be able to get divorce on the ground of mental cruelty and extramarital affair of your wife.regards.

Advocate Ram Prakash LawRato

582 votes

you should consult an advocate immediately, a lot of things will have to be looked into, eg what stage the proceeding are in your DV case, you can challenge the proceeding in High Court under 482 CrPc, but what action you take will depend on the situation of your case at present, so my recommendation would be to engage a counsel who will guide you in the right direction, but i would advise you to that as soon as possible.

LawRato LawRato