False PWDVA Case: Need Guidance to Prove Fake Evidence

Question

False PWDVA Case: Need Guidance to Prove Fake Evidence

04-Nov-2025 (In Divorce Law)

My wife filed a false PWDVA (Protection of Women from Domestic Violence Act) case against me, using fabricated WhatsApp chats and fake injury claims as evidence. This happened after I filed a Section 9 petition. The court has issued a summons, and the first hearing has been scheduled for mediation at her lawyer’s request. I need guidance on how to prove that her evidence is false and whether doing so can help get the case dismissed.

Answers (4)

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Advocate Saylee Chaudhari LawRato · Accepted Answer · 2025-11-04T18:58:28+05:30

Answer #2

In your case, since you have already filed a Section 9 petition and your wife has now filed a DV case using fabricated evidence, you should focus on collecting proof that contradicts her claims. Preserve all original chats, call logs, and any communication that shows the truth. During the mediation stage, the court will first attempt settlement, you are not required to accept any false allegations. If mediation fails. Once the matter proceeds to evidence, at that stage, you can file an application under Section 65B of the Evidence Act to prove that her WhatsApp chats or documents are tampered or fabricated. The case will not get dismissed immediately. You may also bring this to the court’s notice and, if needed, file a complaint under Section 340 CrPC for perjury (giving false evidence). If the falsity is proved, it will strengthen your case and can lead to dismissal of her complaint.

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2025-11-05T13:44:48+05:30

Answer #3

When it comes to Mediation, as per the law, there is no need for both the parties to prove evidences. In Litigation, parties litigating need to prove evidences to win their version of facts, not of the opposite side. In Mediation, efforts are put by the Mediator to resolve the disputes.

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2025-11-07T21:58:12+05:30

Answer #4

Well, now as the case has gone to Mediation, there you won't need to prove anything. You need to prove it when either you or both the parties (you and your wife) decline Meditation! Hope this has clarified your doubts.

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Adv. Pankaj Bajaj Adv. Pankaj Bajaj

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