LawRato

what legal remedy against Domestic Violence case from wife?


19-May-2023 (In Family Law)
My wife filed DV case and 103 IPC against me and my parents after one year of deserting me and threatens to file 498a. Her parents and relatives abused , assaulted and filed false complaints about me whenever I try to bring her back plz help
Answers (3)

Answer #1
856 votes
As per Hindu laws if you are hindu by religion then you have liberty ro issue legal notice to your wife u/s 9 Hindu Marriage petition for restitution of conjugal rights to restitution your marital life and then file the petition in court and pray relief for your above said matters
Helpful? LawRato LawRato
Answer #2
642 votes
If you ready to bring her back then you can file petition for restitution of conjugal right... Firstly send a legal notice for reatitution. You can also file complaint against her and her family against assult and abuse
Helpful? LawRato LawRato
Answer #3
570 votes
Greetings! Section. 103 of IPC cannot be filed against anyone as it deals with extent of private defence to cause death of a person and this act is not punisable. For the threat of filing a case under section. 498A, you can file a non cognizable complaint under section. 506 of IPC against her.
Regarding domestic violence, no case can be filed against you if you are staying separately from your wife for a period of one year as has been decided by the Supreme Court in Inderjit Singh Grewal v. State of Punjab and Anr.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

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."