Multiple False DV Complaints In NCW

720 votes

NCW does not initiate legal prosecution. At best, they call both parties for inquiry or mediation. Any meaningful action must be taken through the court and police machinery. Given the multiple proceedings and the strategic advantage you currently have, a proper legal approach backed by detailed drafting and a well-planned case strategy will put you in a much stronger position.

Advocate Paras Mahalwal LawRato

850 votes

Greetings, We can understand your grief The informationnyou have provided is confusion maybe due to some typographical error as you have mention 2 DV complaints were filed in 2024 but one was withdrawn in 2022. Please provide clear information for best possible solution Thank You

Advocate Anuj Goel LawRato

530 votes

Filing multiple DV complaints for the same cause of action and giving contradictory statements can amount to abuse of process of law. You can move an application before the court to dismiss the subsequent complaints as duplicative and even seek costs. If her statements are materially false, you may also explore proceedings for perjury under Section 340 CrPC. NCW does not take punitive action but can issue notices, call both parties, and recommend appropriate steps. For effective remedies, including how to proceed against her misuse of law, please contact me directly for detailed guidance.

Advocate Drishti Mittal LawRato

781 votes

Based on the facts you have shared, you have strong legal grounds to take action against your ex-wife for abusing the legal process. Filing multiple Domestic Violence (DV) complaints for the same cause of action, giving contradictory statements, withdrawing cases strategically, and using different email IDs to create multiple proceedings amounts to misuse of the judicial system and can be challenged. Since she withdrew the earlier DV case after you filed an FIR for trespassing, and then filed fresh DV complaints to pressure you into withdrawing your criminal case, this behaviour can legally be treated as harassment and an abuse of legal process. You can take the following actions: 1. File an application under Section 482 CrPC in the High Court to quash the DV proceedings on the ground that they are malicious, repetitive, and filed only to harass. Courts do not permit multiple DV complaints for the same incident. 2. File a complaint for perjury under Section 340 CrPC because she has made inconsistent and false statements in different complaints. Once the court records these contradictions, it can initiate perjury proceedings against her. 3. File a counter-complaint for criminal intimidation and misuse of law under Sections 182, 211, and 499/500 IPC if she filed false cases only to force you to withdraw your valid trespassing FIR. 4. Use the earlier withdrawal against her. When she withdrew the 2022 DV case after you refused to withdraw your FIR, it shows her intention was not protection but bargaining, which courts strongly disapprove of. 5. Regarding NCW — The National Commission for Women typically assists women; it does not take action against them. Therefore, NCW will not act against your ex-wife. However, this does not affect the strong remedies you have through the courts. To summarise, you are in a strong position. You can effectively challenge the DV cases and initiate legal action for perjury, false complaints, and abuse of process.

Advocate Yuganshu Sharma LawRato

992 votes

what action you can take against her depends totally on the desired course of action you want. you have multiple remedies available, like filing a criminal case, a case for compensation and damages, etc. you will have to determine the future course of action that you want to adopt and accordingly that route may be taken.

Advocate Kawaljit Singh Bhatia LawRato