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What to do when wife files a fake case of domestic violence
14-Jun-2023 (In Criminal Law)
1) Wife filed fake dv case and put all family members named in it. 2) Received notice from her lawyer which her lawyer presented to her city magistrate for seeking orders to allow her to take her few personal belongings from my home. Please suggest on these points very deeply if possible. 3) I and no one from my family member interested to go on the date mentioned in the notice. However, we would like to send response on the notice to her that she can take her personal belongings as mentioned in her application if magistrate pass order. Please suggest how can I do as mentioned above. As we have not done anything wrong with her so we don't have any fear. But this kind of false cases create bad image on our social status. 4) Also please let me know how much genuine fee is there to file the response received on notice. 5) as all family members have received the notice and all notice have same content nothing different. In this case single response will work or not.
in such a case an exemption can be taken for the family member and if they will not have to go for the cases. it is important for you to go to court and if it is false case then you it is a matter of trial. you can however get it transferred to your city on reasonable grounds
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Adv. Palak Nenwani
Delhi | 100+ Answers
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Dear Client,
If you think that you are being implicated in a false case then there is no other option but to contest this case on merits. I would suggest you not to allow your wife to take anything from your house until it has been ordered by the magistrate.
If you think that you are being implicated in a false case then there is no other option but to contest this case on merits. I would suggest you not to allow your wife to take anything from your house until it has been ordered by the magistrate.
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Adv. Tarun Sharma
Delhi | 25+ Answers
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You can not escape from your legal respobsibility therefore it would be in your benefit if you reply all the notices properly under legal guidance. Unless and untill you defend yourself, it would be difficult for you to prove yoir innocence. You can take my number from Lawrato.
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Adv. Brijinder Khurana
Delhi | 100+ Answers
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sir first of all u do not have to worry about this as this falls in the catagory of civil case secondly if u have recieved the copy of the petition which has been filed in the court u have to file the written statement on behalf of all the respondent.thirdlyif u have recieved any legal notice from a lawyer and not specifically from the court then that notice has got no value in the eyes of law fifthly if u have recieved the court notice then even a single member from your family can appear on behalf of all the members along with your counsel but your counsel should be talented enough to tackle the situationregarding all the belongings every thingh has to be mentioned in your written statement and your counsel has to proove what is true and what is false based on the material placed on record sixthly for saving your reputation in the society u r also entitiled to file a suit for malatitious presecution once u r discharged against your wife seventhly there is no fixed fee for giving the reply of notice or the complaint filed under dv act by your wife before the court the same depends on lawyer to lawyer some one can charge u 2000 or another one can charge u 5000 or else it depends on the quality of the lawyerlastly
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Adv. Sanjay Mahla
Delhi | 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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