Wife ran away and we are in fear that she can file DV case what to do
09-Jul-2023 (In Criminal Law)
This is about my elder brother wife who forcefully married to my brother on the ground of forcefully sex but in reality that happens in mutual consent with no false promises of marriage. But she used it as weapon and threatened him to get married with the help of women's helpline where she works. They did mental pressurise my family. Needless to tell that both my brother and his wife is in police. But she is more powerful asvshe is women's helpline and misusing his position. After marriage we accepted her and bring her home ther after two months yesterday she argue with my mother on household stuff and bring back all old things in which my mother responded and recorded all the stuff in her phone while questioning the same she scuffle with me and my mother and run away now we have fear that she will file domestic violence case plz assist us how should we do now.?
One cannot be stopped from filing a case under Domestic Violence Act or under 498 A of IPC, which i think the girl would do as getting an offence registered under IPC would have more grave consequence than just filing a case under Domestic Violence Act. Try to sort the matter outside and if not, give an information in writing to concerned police station about the incident.
DV case is a complaint case filed before concern 1st class judicial majistrate . A written statement has to be filled after complaint and this case will be based on evedences of witness. I think since the complainent is a police personnel she can not proof the case.
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