Dv act
Dharmender
(Querist) 20 June 2014
This query is : Resolved
My wife has filed case under DV Act in 2007 with Domestic incident report or any enquiry
In 2009 the court ordered to get information about Protection officer as per sec 12 (i) of DV Act on my letter
In 2010 they brought letter from DM office that there is no protection officer and no investion could be done under Dv act.
In 2011 I got reply from DM office under RTI Act 2005 that there is no protection officer but CAW cell does the enquiry.
The case is still pending as the accusseds cross is going on.
My wife is delaying the cases by one or other means as I have produced so many legal evidences to prove that no cruelty has happened with her instead she has filed case with malafide intention
Can I move an application in court stating that she has produced incomplete and false information regarding protection officer to avoid investigation. What other cases could be filed for producing false information
Biswanath Roy
(Expert) 22 June 2014
Yes, you can file an application and move the same before the court alleging submission of false information by your wife as desired but falsity must be proved by adducing evidence. If the court finds that you have rightly submitted allegation and those are true then on the basis of such observation and decision related to you can file further cases against your wife.
Raj Kumar Makkad
(Expert) 22 June 2014
Move an application under section 340 of Criminal Procedure ode before the same court wherein such false evidence/statement has been produced by your wife.
T. Kalaiselvan, Advocate
(Expert) 23 June 2014
If you strongly feel that your wife has furnished false information before the court about the protection officer and you have evidences to prove that you may very well move an application before the court to receive an additional statement/counter to her complaint and get it recorded by adducing your evidence. Contact your lawyer and proceed further.
