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My elder sister-in-law have filed fake DV Case against me
24-Jun-2025 (In Family Law)
My husband are 4 brothers. He is third. Elder two brothers are married and stay in separate floor in same building. Youngest one and parents stay in one floor. When we visit, we stay with parents. 2nd brother got married on 2017 and we got married at 2019. We stay is different city from the day of marriage. My youngest BIL(38M) unmarried. After my FIL death, my 2nd SIL filed fake DV case againt her husband, my husband and me. She lied we stay together and cook in same kitchen. She lied about DV
Based on the facts provided, if you and your husband have been residing in a different city since marriage and were not residing together with the complainant (2nd SIL), then her claim under the Domestic Violence Act may lack merit. Under Section 2(f) of the Protection of Women from Domestic Violence Act, 2005, a complaint can be filed only against those who lived in a domestic relationship under the same shared household. If you never lived together or shared the same kitchen after your marriage, the allegations can be challenged as false with supporting documents such as rental agreements, utility bills, or address proof. You and your husband may approach the Hon’ble High Court under Section 582 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing of proceedings, or seek discharge before the trial court by citing absence of a domestic relationship. Additionally, if the complaint is proven false, appropriate legal action can be taken against the complainant for abuse of the legal process.
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Adv. Bibha Boro
Guwahati | 25+ Answers
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