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How to deal with false accusations of domestic violence
27-May-2023 (In Family Law)
Dear Sir As my wife has left our familiy without our concern we tried to compromise but she is not ready as I send a notice under sec 9 and after she filed case under domestic violence and before two days our advocates are tried to settle the matter but she is not ready to come stay with us in Gujarat and she is not allowing to talk child but we met our child but she never give her no or there family to talk child what to do in these matter
file a petition for restitution of conjugal rights under sec.9 of Hindu Marriage Act along with an application under sec.26 claiming custody of your minor child or you can also file separate application for custody under section 13 of Hindu Minority & guardianship act. If your child is above 5 years of age you have good chance of getting his/her custody. So far as domestic violence case is concerned you must file your reply in that case specifically explaining how the allegation levelled against you are false preferably with documentary proof if available.
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There are 2 remedies for facing domestic complaint. One is go for a quashing before high court if you feel that you can convince the court that the complaint is false, or engage an advocate and face the trial. As far as child is concerned, you may file application for custody or visiting rights
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Adv. Narendra Ramnani
Ahmedabad | 100+ Answers
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file a custody in the court or i your sec-9 if she is appeared then you demand for a visiting right of your child. court will order accordingly. there are some other ways also for that you can contact personally.
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Adv. Nirmit Pathak
Ahmedabad | 100+ Answers
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