Wife filed false domestic violence case want to quash the FIR

Religion - Hindu Hi, i have been a resident of Hyderabad and had been served an ex-parte order u/s 23(2) by my wife on DV Act,2005 after one month of passing the order without allowing any opportunity for me to contest. On my appearance, my Set-Aside Petitions u/s 126(2) was dismissed by the Magistrate and we returned back from the lower court after the heated arguments. We had filed complaint at the judicial level against Magistrate and also sought transfer at high court from the trial court to any other court and to Quash the DVC. Now complaint against the Magistrate is pending at High court, even the Transfer Petition and Quashing the DVC also pending at High Court since last 1 year. Now the situation is, i have been away from home since last 1 year and no job as my all certificates are at home itself. How could I get into the home to collect all my certificates ? How to dissolve this false 498-A now ? When DV is pending at high court, then how 498-A can be invoked by PS now?

Answers (1)

246 votes

1) Dvc is a separate case and 498a case is a separate case under indian laws and there is no restriction in parties filing multiple cases against each other in matrimonial matters.
2) But you can always ask through the court to direct the wife to hand over the certificates.

3) On ex-parte order u/s 23(2), i do not see infirmity in judge passing an ex parte order in a domestic violence case as it is a common practice that wife submits an affidavit along with minimal proof that the respondent is committing, or has committed, the judge may grant an ex-parte order on basis of affidavit. There is no legal necessity for the judge to hear both sides before passing orders under 23(2) of DVC . Please revisit your legal strategy on this front.

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