Dv case
s shukla shukla
(Querist) 28 June 2018
This query is : Resolved
sir
my elder brother's wife has filed DV case against him and all family members including ladies. we are three brothers and had carried out partition and have been living separately.Neither i attended their marriage nor visited them ever.I am a govt servant in army and remain posted away from home station.Can I approach to high court against the case. what are the remedies available for us. please suggest as she is threatening to file even more cases like dowry etc.
S shukla
Vijay Raj Mahajan
(Expert) 28 June 2018
DV complaint can be filled by any woman who has domestic relationship and lived in shared household with respondents.
All women of the family can file such DV complaint against men and any other women in the family.
Naming all members of family is common habit whether those persons ever stayed in shared household or not.
Now best defense is other woman of the family, maybe the mother or son file DV complaint against the wife of the son for domestic violence with her and her other family members including her husband.
The DV complaint is criminal complaint no doubt about it but it's civil in nature.
In your case there is further threat given by this lady of filling other criminal complaint against you all for dowry demand etc. The maximum she can do is file such complaint with police, but that doesn't mean that complaint will be registered as FIR. The police nowadays not entertaining
such dowry complaint for all such matrimonial disputes rather parties are referred to manila cell of police for mediation and conciliatory process, that ultimately ends is settlement by either resumption of matrimonial relationships or divorce by mutual divorce.
