A false domestic violence case is registered by my wife agaist me and
25-Apr-2023 (In Divorce Law)
My wife has filed a false domestic violence case against me and my family. I think she wants only money and not want to carry on this relation. What are the proofs she will have to prove for domestic violence. She is an absolute liar and can go beyond anything for money. I have a girl child 3yrs and I want to keep her and upbring under my supervision, but she has taken her. What should I do to get rid of her and bring back my child? nPls advise...
Is false complaint by wife cruelty?
The Delhi High Court ruled that a wifes persistent and consistent act of pursuing false litigation against the family members and estranged spouse is cruelty. 7 Sept 2023
What amounts to cruelty against wife?
Physical cruelty is defined as any physical violence, bodily injury, or the threat of life, limb, and health that causes apprehension to the wife. It is easy to establish physical cruelty because it is one of the main reasons for divorce. 12 Sept 2023
Can a husband file complaint against wife?
Section 120B IPC 1860
Punishment for Criminal Conspiracy Husbands may file a lawsuit against their wives alleging she is conspiring with others to commit a criminal act against them and their family.
Is false case ground for divorce?
Delhi High Court affirms divorce for false and frivolous accusations against spouse, without any proof. In India, where the husband chose to live in a joint-family with his parents from the very beginning of their marriage, he cant be forced to divorce his wife based on her whims. 13 Oct 2023
You should immediately seek a detailed consultation from a lawyer having expertise in matrimonial laws. In a complaint under section 12 of the Domestic Violence Act filed against you and your family, your wife must have sought interim maintenance, compensation, protection order, residence order and return of streedhan. You need to engage a lawyer to represent you before the Honourable Courts
If she had ever reported any complaints against you in the PS then it will be the proof of DV. And if she had already filed a case against you then you must have received the summons regarding the same. And the natural guardian of the child until she attains the age of 5 years will be her mom. But if she’s unfit or incapable of performing her maternal duties then you can always file for child custody. For more legal assistance I am just a call away.
If she had ever reported any complaints against you in the PS then it will be the proof of DV. And if she had already filed a case against you then you must have received the summons regarding the same. And the natural guardian of the child until she attains the age of 5 years will be her mom. But if she’s unfit or incapable of performing her maternal duties then you can always file for child custody. For more legal assistance I am just a call away.
In domestic Violence case, a wife can ask for these reliefs:-
1. Monetary
2. Compensation
3. Residence
4. Protection
5. Custody
Wife files section 12 application under DV at the concerned court.
Now depending on the relief she has filed u need to file reply via your advocate …
Plz b in touch
1. Monetary
2. Compensation
3. Residence
4. Protection
5. Custody
Wife files section 12 application under DV at the concerned court.
Now depending on the relief she has filed u need to file reply via your advocate …
Plz b in touch
hello client as i can see your issue is seems to be very much important issue . as yoy have described your issue here is having very much probable chances tht these fake cases may lead to your conviction as well in this condition we need to cut the root point od the cases so tht hee all cases get destroyed and can be applied ti her self to trap her . the custudy of the child will be with you .
False cases, no matter how sharply they are prepare, in absence of the evidence to corrobate the allegations, no conviction can lie. Domestic violence can happen physically, emotionally, financially and mentally. she has to provide the proofs which clearly without any doubt proves that domestic violence happened. However, a slight doubt will lead to break her testimony and you can't be held liable. You can claim for custody as well as visitation rights to take care of the child. the court is considered about the benefit and welfare of minor. Therefore, a detailed factual discussions is advisable to create proper recourse.
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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