93+ Lawyers are online 
Under which section of cpc i can file discharge petition in dv case
07-Jan-2025 (In Divorce Law)
Sir, ma'am my wife files a false dv case against me and my whole family. we all live in same house but floors and kitchens are saparate. my wife left my house in just 24 days after the merriage. I want to file a discharge petition for whole family members excluding me. Under which section i can file the discharge into a false 12 dv case. By relegion i belongs to a hindu Brahmin family
Section 262, Section 268, BNSS is provision for seeking discharge for accused.
There is also a limitation of 60 days under the new provision for seeking discharge.
It will also depend on the stage of the proceedings, where the charges have been framed or not.
The evidence along with facts should be strong enough to prove innocence at the early stage in case where discharge is sought. It will be a challenging task.
Helpful?
Adv. Manashwy Jha
Delhi | 25+ Answers
CONTACT NOW
Do seek a detailed legal consultation from an Advocate having expertise in matrimonial laws. As your entire family has been falsely impleaded in the DV case you should seek legal assistance and proceed as per the advise of the lawyer only. An application for deletion of name can be filed or in alternative an appeal can be filed
Helpful?
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
CONTACT NOW
If there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
Helpful?
Adv. Jitender Singh
Delhi | 1000+ Answers
CONTACT NOW
there is no specific provision in DV act for discharge but you can move an application before the concerned court stating lack of domestic relationship as defined under section 2(f) & lack of shares household as defined under 2(s). If the MM rejects it you can move to session court in appeal or files for quashing in the concerned high court
Helpful?
Adv. Vinay Redhu
Delhi | 200+ Answers
CONTACT NOW
You need to hire expert advocate for the same and we need to show that other members are not the same share hold house !
Kindly be in touch to understand the legal points
N in touch to discuss it further
Helpful?
Adv. D. Khan
Delhi | 1000+ Answers
Chat
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."
