False case dismissed by court

Neeraj Jha (Querist) 05 December 2016 This query is : Resolved
Hello everyone,

My wife filed a DV case under section 19,20,22 & 23 of DV.act.

after 1year and 7 month the petitioner could not place the evidences in several dates and the court dismissed the case in my favor. Do I have any right to take any action against the false case??

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Guest (Expert) 05 December 2016
Exactly, what action do you want to take against your wife?

Also, whether she resides with your or not?

Neeraj Jha (Querist) 06 December 2016
Sir

I want to take legal action against this crime

She is not residing with me since 2 years 3 months.

Guest (Expert) 06 December 2016
Dear Sonu,

DV case should not be taken lightly. So instead of depending upon hints on casual query, you may better discuss the case at length with some local lawyer by getting the judgment on dv case examined thoroughly.

If already proved false, only then think about legal action against her through a separate case filed through your own lawyer, as would have been hired in the instant case.

Neeraj Jha (Querist) 06 December 2016
could you please assist, will it be file u/s 209 and 211 of IPC or considered differently??

Guest (Expert) 06 December 2016
Yes you can apply both the sections.

Rajendra K Goyal (Expert) 06 December 2016
Full case details / file need to be referred, discuss in detail with your lawyer.

Dr J C Vashista (Expert) 10 December 2016
Dear Mr. Sonu,
Your wife had filed case u/s 19, 20, 22 & 23 (interim) of the Protection of Woman from Domestic Violence Act, 2005, which stands dismissed in default as stated by you, in this eventuality, (in my opinion):-
1. She can revive it as per law, whenever she feels like.
2. The case has not been dismissed/decided on its merits.
3. The case has not attained its finality.
4. How do you intend to file case against her u/s 209 or 211 IPC using the averments / allegations leveled in the aforesaid complaint case?

Guest (Expert) 10 December 2016
Dr. Vashista,

His intention to file may be for his mental satisfaction and most probably to solve his academic exercise, as relative sections are mostly not known to a layman and only students can be expected to seek solution with reference to the sections.

Rajendra K Goyal (Expert) 10 December 2016
How are you concerned?

In the given situation agree with the expert Dr J C Vashista.

Dr J C Vashista (Expert) 11 December 2016
I fully agree with analysis of expert Sh. PS Dhingra and Sh. Rajendra K Goyal.

Respected Experts are requested not to entertain such academic query discouraging students by asking relevant legal questions as per rules of this platform. We are contributing our professional knowledge for social service to needy litigants and the students should be compelled to put queries to their tutors.