rajivmishra 28 January 2015

False dv complain

Dear All, I live in Delhi have got married on 26-Apr-2012 from Panchkulla, Haryana. i have a daughter(2yrs). My wife left the house with my daughter in June-2014 without any information by writing a note "I am gonna die n you we will get peace" with her cousin brother. me and my family were not at house that time even her mother was also with us. when we returned we tried to find everywhere but not found her.we called PCR n filed a missing complain. her behavior was not good with me. time to time she was giving threat to suicide and false cases false against me and family. after 45 days she called me that she is going to lodge a case against me and my family. i got a call from WOMEN CELL Panchkull and i went there to answer their questions but they did not listen me well. now i got a letter from Court to be present there to answer the PWDV complain. I have got 5 Notices ( self, Father, Mother, Brother, Sister-in-law) what should i do now. i have many evidence like Missing complain, written letter by her elder sister about her nature etc. so what should I do ?

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5 Replies

Sandeep Naik (Advocate) 28 January 2015

Don't worry!

If you have evidence then just defend the case.

rajivmishra 28 January 2015

Thanks Sandeep Sir !!

but can Police arrest me on hearing date ? and can my wife file 498a and other cases on me?

how can I save my parents from this false complain/cases?

Sandeep Naik (Advocate) 29 January 2015

Not on hearing date, but before hearing date and you will have to be ready to apply for bail.

Yes she may file 498A and other cases on you and family members.

See, it is never in one's control to resist a person from filing/lodging false cases/complaints. Because law has given right to put anything before the Court for decision and some people use it as a tool to harass others.

Therefore to save yourself and your parents, you will have to take bail in case she lodges criminal cases like 498A, Domestic Violence e.t.c., and you will have to defend the case very well. There is no other way.

fighting back (exec) 29 January 2015

hi rajiv, there is no reason to panic, in DV case there is no need to apply for bail. in DV case, first you have to hire a lawyer to defend your case. in the interim stage, the court may pass some order in kind of 'relief' to the aggrieved party, if you breach the court orders, then there is a likelyhood of arrest. so in the initial stage there should not be any undue fears of arrest.

dont take haste decisions and spend money on anticipatory bail for yourselves. see and observe how the case proceeds. filing 498 does not mean that you will be hanged to death. so stop the panic attacks that you are getting and plan you strategy to fight the cases. keep your cool . you cannot prevent her from filing cases. but you can surely defend them