LawRato

What to do if my wife has filed a false DV case


29-May-2023 (In Criminal Law)
my wife filed false 498A case against me and my family and 4 friends on 7 April 2018. Actually she is in affair with someone in office and when i caught her , she got missing and went with him . then i filed missing case in PS . Later after 5 days , she came to PS with him and created a story . later next day she filed wrong case . We have many proof of her illegal proof , photos , chat , call and sms records . My question 1. we belongs to Bihar and case registered in bangalore . Can they transfer a case from bangalore to Bihar with the help of supreme court lawyer . if yes , what is the time taken for that and how will we come to know about that petition filed in SC so that we can stop that . 2. We need to file a PCR counter case against them so that they can withdraw her case easily and we can come out of that soon .Is that a simple process based on evidences we have like chat , photos . 3. is there any time limit for filing a counter case against them . Thanks in advance . Jai
Answers (2)

Answer #1
628 votes
Dear Sir, yes she can file transfer petition to transfer the case from Bangalore to Bihar but with out issuing notice to you, without your hearing court can not transfer the case. and any time you can file PCR but you have to appear before DV Court and you have to take defense in that case otherwise case will adjudicated in your absence and court may directed to take care your wife and children and also court may direct pay some amount every month as such it is better to contest DV Case and if need file PCR.
Answer #2
963 votes
Hi...You can file a petition in High court or supreme court to transfer your case from Bihar to your place but you to convince the judge the most.And you can also file a pcr case against her by that she may come for settlement. Thank you

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."