677+ Lawyers are online 
Divorce case and false allegations
24-Jan-2023 (In Divorce Law)
We have alreaady filed a divorce case against my brothers wife. She is not living with us. We have our first court hearing in february. But she is not accepting the notice and also filed a fir against me,my brother and my mother of domestic violence. How can we prove ourself innocent. Would we get into the jail?
as per your query l would like to suggest you that do apply for stay application in writ in High court if the chargesheet has not been filed yet and simultaneously go for the divorce proceedings in that case she will appear in either of the case and along with the process you will get Stay.
Helpful?
42+
42+
Adv. Rahul Rathi
Allahabad | 500+ Answers
Chat
Dear Client,
if an FIR is lodged against you, then present your matter before the Hon'ble High Court, for an arrest stay.
In case you need any other advise in the matter do feel free to contact.
Regards
if an FIR is lodged against you, then present your matter before the Hon'ble High Court, for an arrest stay.
In case you need any other advise in the matter do feel free to contact.
Regards
Helpful?
35+
35+
Adv. Tushar Bahadur
Lucknow | 400+ Answers
CONTACT NOW
on the above mentioned query the legal opinion of your question's last line is , in the domestic violence proceedings , none of the accused get into jail or judicial custody. but don't forget to appear in court at any cost. because if any of the accused fails for appearance in the case proceedings then the honourable court may issue bailable warrant or non bailable warrant against the accused.
secondly if she is not accepted the notice , it men's she refused it, so don't worry, in the legal manner, if anyone refused the notice, it means she has the knowledge of such case.
secondly if she is not accepted the notice , it men's she refused it, so don't worry, in the legal manner, if anyone refused the notice, it means she has the knowledge of such case.
Helpful?
41+
41+
Adv. Ankit Gupta
Lucknow | 400+ Answers
Chat
unfortunately as one date, the law is still inclined towards the woman and there is no bar on the wife for lodging any complaint/fir. the option available with you is to contest the matter on merits. as regards going to jail, as per latest ruling of Hon'ble SC, arrest is not to be made without pre investigation.
Helpful?
29+
29+
Adv. Arjun Krishna
Lucknow | 25+ Answers
CONTACT NOW
Dear client,
If she will not contesting the divorce case. Then after giving reasonable opportunity the court will decree ex-party divorce. and for protesting domestic violence case you can file arrest stay in High Court.
If she will not contesting the divorce case. Then after giving reasonable opportunity the court will decree ex-party divorce. and for protesting domestic violence case you can file arrest stay in High Court.
Helpful?
38+
38+
Adv. Sanju Lata
Allahabad | 100+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
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."
