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False DV files under section 12


06-Sep-2025 (In Divorce Law)
Dear All, I have already filled divorce petition against my wife about 4 months back and now she has sent me DV notice under section 12 involving all my family members including my brother and his family members who are living seperately even before my marriage. 1. Can my brother and his family file deformation case against her ? 2. I have all the evidences against her on how she verbally harrased me and my family members. Can I also file deformation case against her?
Answers (3)

Answer #1
905 votes
Defamation case against Wi-Fi husband are by husband against wife will not work. you will have to either face the domestic violence case are get it quashed in High Court, if not cases against all of you at least you can get the cases against your relatives cancelled.
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Advocate S.K Prabhakar Shetty

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Answer #2
768 votes
Dear Sir, You cannot file any defamation case since it is premature. No defamation case will be entertained unless there is strong allegations through WhatsApp or other media against your other family members. If she really files DV Case then yourself and your family members may go to High Court and get a stay against such criminal case.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

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Answer #3
873 votes
During existence of case you can't file defamation case , you have to contest the case and it has to be dismissed against them , meantime you can also challenge the summon order before high court , after dismissal /discharge /quash you can file case against them before same court for initiating false case with fabricated docs and evidence . Get a proper legal guidence through your counsel
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Advocate Hanumesh H N

Adv. Hanumesh H N

LawRatoBangalore / Bengaluru | 700+ Answers
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