Wife filed false domestic violence case what action can i take

595 votes

you need to contest the domestic violence case first and then I suggest you to file RCR near the place where you reside. It is common these days that women do file false cases, therefore contesting it is the only option you may have. depending on the material available only i may suggest you the remedy.

Advocate Nitish Banka LawRato

909 votes

Sir,
First of all you have to join the investigation as and when the i.o ask you to join it. Then later on if you still have that copy of seetlement which you reached three years back then show it to the i.o and before the court also. You also give your call details record to the i.o to show that you are not in touch with your wife, to show how could you ask for dowry, and how to harass by without even being in touch with her. Also show you your residence proof wherever you are staying to show that you are constantly living far away from her, then, how can you harass her. Give every proof of your innocence to the i.o and the court.....

Advocate Sunil Gulia LawRato

793 votes

no it seems you are not suitably adviced in the past nobody can forced the party to live with the spouse against his /her wishes..It seems your wife is only interested in harassing you and not for settlement and the remedy is available with you to take the shelter in the law and act accordingly

Advocate Sanjay Sharma LawRato

818 votes

Respected Sir
It is pertinent to mention herein that Hon’ble Supreme Court and Hon’ble High Court have passed many judgments regarding false complaint as following:
(i)FILING FALSE COMPLAINTS:- G.V.N.KAMESWARA RAO V. G.JABILLI, REPORTED IN (2002)2 SCC 296, AIR 2002 SC 576, had clearly held that filing of the false police complaint results in loss of reputation and standing in society at the instance of one's spouse, and that amount to mental cruelty and the traumatic experience which the husband had to undergo on account of the allegations which could not be proved certainly results in mental cruelty to the husband by the wife.
(ii)FALSE THREATS OF COMPLAINTS CRUELTY:- In the case of Rama Kant v. Mohinder Laxmidas, AIR 1996 Pb. and Hy. 98:

(iii)UNFOUND ALLEGATIONS:- Manjit Kaur vs Avtar Singh 2000(2) Marriage & Divorce Judicial Reports 351, (Punjab and haryana HC) 2002(1) Civil Court Cases 268 (P&H) It has been held by repeatedly by the Hon'ble Supreme Court as well as by this Hon'ble High Court that unfounded allegations of adultery consists of cruelty.

(iv) STANDARD OF PROOF:- Avinash Eknath Nikalje vs Sou. Leela Avinash Nikalje AIR 2003 Bom 244 (DB)."

(v)MENTAL CRUELTY WITH FALSE IMPUTATIONS.
You should appear and reply through your counsel para wise of the petition filed by your wife and your counsel will proof how the petition was brought with malafide intention and hence petition is completely wrong.

Advocate Manish Kumar LawRato

940 votes

Ya there is some law to help woman .ofcoarse it maybe misused. You are living separately have you got any proof of that .did you file any case for your defences like section nine of HMA. If you could prove that she is staying seperately with any cause she will not get any relief but you have to prove it. She just filed a case so you just defend it .for more brief you may call me with detail of ur case

Advocate Avdesh Chaudhary LawRato