vitthal paliwal (business) 11 July 2014

false section 498 & subsequent DV case

Sir My wife filed false 498 case against me, which she withdrawn with her statement and came to reside with me. But again she started misbehaving and lodged complaints against me and filed DV case based on it. She threatened and made circumstances such that to maintain peace i had to move out from my house, which is now being represented as disdertation by me. Sir if this law system is for men also please advise me.

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9 Replies

great india (manager) 11 July 2014

Most of the mischievous females are doing the same now a days. Defending dv is the only option. U can file for judicial seperation or a divorce on cruelties and false cases threats

Rangee (Lawyer) 11 July 2014

Dear Friend,

You do not be afraid of false cases, it is difficult to prove in evidence. Every criminal leaves behind a trail. engage senior experienced lawyer who is specialist in criminal law. you should ask your wife to execute MOU for good conduct,in presence of Family Court then only your should allowed her to stay with you. Let her behave cruel y do not take recourse to attack her. Keep some evidence when ever she abuses you take into confidence your neighburs and good friends who will give evidence in your favour.

Yours

Rsksingh

Suneet Gupta (www.vashiadvocates.com) 12 July 2014

The recent Supreme Court judgement has ordered that the police will have to investigate the DV and 498A complaints before arresting anybody. Therefore your wife has to prove that a prima facie case exists before you can be harassed.

If you cannot live with your wife, then you will have to file a Divorce Petition citing cruelty as the grounds for divorce, and also mention all the false cases against you. As suggested by Rsksingh ji, start collecting and maintaining a record of evidence in your favour, as the same will help in the future.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 12 July 2014

Domestic violence act is only for the protection of women and these type of laws are not exist in India in favour of men

Vishal Kashyap (Self Employed) 12 July 2014

Do not take action against her at present. This is tough time. Just watch her closely and start collecting evidences. Try recording all her conversation on your phone and if possible try to install a recording software into her phone. Get all data secure. You will surely get stronger evidences against what she is doing. But be very cautious as this can also go against you if she comes to know. Spy software are your need now. After all collection judge yourself why she is doing so. And once you make up your mind take appropriate legal action. Gud luck

T. Kalaiselvan, Advocate (Advocate) 13 July 2014

Let she file any amount of false cases against you, the burden will fall on her head to prove them before the court, if you feel that you have merits in you side, challenge the cases strongly with the help of a good lawyer.

vitthal paliwal (business) 14 July 2014

What is judicial seperation

vitthal paliwal (business) 14 July 2014

498 filed by her was totally false this she had accepted before cousellor in police stn and later she accepted before court also. How much weightage this will have in my case.

vitthal paliwal (business) 14 July 2014

498 filed by her was totally false this she had accepted before cousellor in police stn and later she accepted before court also. How much weightage this will have in my case.