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False allegations in domestic violence case
06-Sep-2023 (In Divorce Law)
My wife has filed an false domestic violence case on our family which consist of me, mother and sister. In the petition she has mentioned my sister has done some sexual harassment on my elder daughter ( Which is false). And from last 1 year she has left the house with my daughter's and since then she has not allowed me to meet my kids. I am planning to file a petition for child custody as well as divorce for taking a revenge on my sister can she file POCSO case on my sister. How to proceed further plewse guide as due to covid only 3 hearings have happened and we are yet to submitt my assets and liablities for deciding interim maintenance. She has filed the case without any evidence. Kindly guide me how I can go further.
Regards
firstly you need to make sure the DV is maintainable by ascertaining that the parties added as respondents were living under a shared household. thereafter you can file for deletion of the names depending on the situation above.
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Adv. Sudarshan Desai
Pune | 200+ Answers
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What is a 227 discharge petition?
Justice N. Nagaresh explained to the Court that in order to discharge an accused under Section 227 CrPC, it must first determine whether there are enough grounds to proceed. If these grounds are established, the Court cannot pass an order of discharge and will have to proceed with a trial. 12 Sept 2023
What is the case of discharge application?
A discharge application provides a remedy to a person who has been maliciously charged. The law gives him the right, if the accusations made against him were false, to apply for discharge in the court concerned. 21 Dec 2022
At what stage discharge petition can be filed?
The judge can decide to file this application even before charges are brought against the accused if he believes that the evidence is not sufficient for the prosecution.
What is discharge application under section 239?
The Magistrate can order a discharge under Section 239 if he or she believes that the charges against the accused are unfounded. The complaint is filed by the first respondent (the complainant).
Well, do not worry, Sir. I will guide legally, that, how to defend your Sister from POCSO and how you can save yourself from paying Maintenance to your Wife and how you can get the Divorce, on what grounds, etc
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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Already if you had appointed Advocate then they will assist you what to show and what not to show in affidavit which you are going to file in support of say interim mentenance. Don't disclose any earnings which is not on record in public domain.
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Adv. Manoj Mulchandani
Nashik | 500+ Answers
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