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vitthal paliwal (business)     06 March 2015

Domestic violence case

My wife filed Domestic Violence Case against me citing petty quarrels & abusive languages used by me then. She also attached NCs stating i beaten her or tried to do s*x against her will etc. For such complaints she dont have any medical certificate & even no witness. Pl tell whether she will be able to sustain the case.

 

regards



Learning

 2 Replies

Swastik Nath (Freelance Lawyer)     06 March 2015

In DV if the complaint is lodged, a protection officer, predominantly a female, will pass restraining orders and give a second chance to reconcile.

If the woman complains yet again, the male partner, irrespective of his family background and social status, will be convicted with one year imprisonment and fine of Rs. 20,000/- without any further enquiry.

No arrests are made in DV at the first instance of the complaint but a protection office will help you resolve your issues.

 

Regards,

swastik.

T. Kalaiselvan, Advocate (Advocate)     09 March 2015

If you feel that she has come with false allegation through te said case, you have rights to challenge them before the court.  The burden of proof lies on her however she may corroborate the circumstances to prove her case, so better challenge her case properly with the help of a skilled lawyer.


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