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Prabhakar Varma (cleark)     04 March 2016

Domestic violance

my wife (we have a 2 year old girl child) and her family members are threatning that they will file Domestic Violance (false case)  aganist me if I will not shift to their town wich was 430 kms (she went to his fathers place 1 month back) away my town, also they are telling that I should leave all my assets, businesses and most importantly my mother and my mother side family members.

In this regard I would like to know that

1. What will happen if they file case aganist me.

2. What then can do to my assets ( assets earned by my late father).

3. Can I get an anticipatory bail?

I have all the phone records saved in my phone about their threatnings to shift, filing false cases.

 

Pls guide me in this regard.

 

 



Learning

 8 Replies

Shekhar (Proprietor)     04 March 2016

Where r I from? In DV case no bail s required. As far as assets are concerned she has to prove dpmea

Shekhar (Proprietor)     04 March 2016

Domestic violence is to be proved. The case will run merit.

Shekhar (Proprietor)     04 March 2016

Domestic violence is to be proved. The case will run merit.

saravanan s (legal advisor)     04 March 2016

Dv case is both civil and criminal in nature but you don't need to take ab as there is no arrest in dv case.she can't lay any claim on your assets if they are not jointly owned by you with your wife.in order to be on the safer side file an NC in the police station that your wife and in-laws might file false cases on you

Vikas Mishra   05 March 2016

my bhabhi and her family members are threatning us that they will file Domestic Violance & dowry (false case)  aganist My brother, my parents, my sister & on me if my brother will not listen and accept the terms of living dicided by them, also they are telling that my brother should leave his all family members and stay alone with her. Also claiming flat in which presently we live purchased by my brother.

In this regard I would like to know that

1. What will happen if they file case aganist us.

2. What then can do to property ( assets earned by my brother).

3. Can we get an anticipatory bail?

 

 

Pls guide me in this regard.

Sureka Nagendhran (Senior Advocate)     05 March 2016

hi Vikas,

   Firstly no need for AB, if she lodge a complaint in Domestic Violence Forume they call you for Counseling if you both are not convinced or satisfied they will forward to Court of Law. you file a petition for Restitution of Conjugal Rights and also Visitation rights with regard to your child.

ANAMIKA VICHARE (LAWYER)     14 March 2016

Talk to your office smarly and record her threats, do not go to her town, let herfile case DV no problem, if she fles it in her town

file your say  and then do not go at all, nothing is going to happen

 

ANAMIKA VICHARE (LAWYER)     14 March 2016

YOu will save your money, tme and energy by not attending thematter only fileyr say alolnwith docs and recorded conversation of threat

 


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