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Fake DV case - Notice not received - Can we apply for Quash
15-Feb-2023 (In Divorce Law)
1) 2Boys[11Yrs & 6Yrs] stays with me 2) Wife left both Kids with me 6months back, she stays in PG and is working, she even did not try to talk/contact Kids. 3) Wife filed fake DV case [Sec 12] on myself, Mother and Sisters. 4) My family used to stay in GroundFloor and Mother used to cook her own food and stay in 1st Floor, Sisters stay at their matrimonial houses 5) Can above point help in Quashing DV case on Mother and Sisters? 6) She is working and is asking for 70K as maintenance? 7) I have personal loans, 2 studying Kids & Mother to take care and after all deductions I will be left with 3K in a month, how can I give 70K? 8) How to tackle maintenance in DV case?
1. It would be necessary for me to look at the DV complaint filed by your wife before suggesting grounds for quashing.
2. Have a look at the delivery report to know reason for return of notice
3. How did you come to know that case is pending against you?
For further queries feel free to contact me
2. Have a look at the delivery report to know reason for return of notice
3. How did you come to know that case is pending against you?
For further queries feel free to contact me
Helpful?
Adv. Kunal Seth
Delhi | 500+ Answers
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This is what you have to apprise the court about. If you do not apprise the court about your stand in the case there would be no relief to your satisfaction and in case you inform the court about the scenario you mentioned in the query then you can surely have a strong case.
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Adv. Sujeet Notwal
Delhi | 200+ Answers
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If the behaviour of your wife is intolerable towards you then rather dragging your relationship you can always file for divorce against her. I would suggest you to go for mutual divorce because it is less money consuming and ends up in maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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Hello Sir,
As per facts stated by you, yes your mother and sister can be pulled out of the DV case by stating the grounds of their non involvement.
Court will not grant her as demanded and looks into all the things before deciding the maintenance
For further information please feel free to contact
Thanks
Adv Dr Preeti
As per facts stated by you, yes your mother and sister can be pulled out of the DV case by stating the grounds of their non involvement.
Court will not grant her as demanded and looks into all the things before deciding the maintenance
For further information please feel free to contact
Thanks
Adv Dr Preeti
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Dr. Preeti Manderna
Panchkula | 200+ Answers
Chat
you can file a case of restitution of conjugal rights against your wife. Yes the above grounds can be sufficient but to quash the DV case i need to discuss with you in more detail. To tackle maintenance, you may file an application before the court in u/s 25(2) of D.V act 2005.
Helpful?
Adv. Nitanshu Sharma
Gurgaon | 100+ Answers
Chat
Dear client
in case the notice has been sent 5 times and have reported unserved, must be due to false address on the records before the court.
you may file for quashing of the DV complaint under section 12.
feel free to get in touch for further discussions.
in case the notice has been sent 5 times and have reported unserved, must be due to false address on the records before the court.
you may file for quashing of the DV complaint under section 12.
feel free to get in touch for further discussions.
Helpful?
Adv. Abhinav Sharma
Delhi | 500+ Answers
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Yes you can apply for quashing FIR against ur mother and sisters. you can also claim that your wife earns sufficient to maintain herself so she is not entitled to maintenance.
You can also quash the whole DV case against you.
You can also quash the whole DV case against you.
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Adv. Sonit
Hisar | 100+ Answers
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Quashing can be done on merits or on the basis of compromise. On merits it’s only possible if you have conclusive evidences in your defence.
However, u need to hire expert advocate in this regard ! Thanks
However, u need to hire expert advocate in this regard ! Thanks
Helpful?
Adv. D. Khan
Delhi | 500+ Answers
Chat
Hello decision on the quashing of the dv act complaint can only made after analysing the true facts and stage of the case. however if the wife is working and the children are with you it will help you to negate the demand of maintenance by wife. Maintainance in matrimonial cases is decided after assessment of income, assets, liabilities and expenses of parties.
Helpful?
Adv. Ranbir Singh
Faridabad | 500+ Answers
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