Misuse of dv act
shiv
(Querist) 07 July 2013
This query is : Resolved
my brothers wife has filed a complaint under the law of dv act against our family.from last 2 yrs she is living with her parents but she have filed a complaint now saying all abt dowry n domestic violence n also have 3yrs child she is misusing of this law and harashing our family n we havnt done all this with her nalso we hav evidences .still the FIR is not filed so ca u help me out of having any option so we can protect us .i also wanted to know can we get anticipatory bail before FIR.
Adv Archana Deshmukh
(Expert) 07 July 2013
For DV case no bail is required. I think you are fearing of 498A. But, the court may not grant AB without FIR bcoz of 2 yrs of seperation though dv case is filed. If FIR is filed then go for AB. Generally no arrest is immediately done now a days if case is plain 498 A.
ajay sethi
(Expert) 07 July 2013
you have to contest the Dv case on merits . if she has filed complaint Magistrate may grant her protection order and other reliefs . you dont need anticipatory bail in Dv cases . better contact a local lawyer . necessary to go through allegations made by your wife in DV case
shiv
(Querist) 07 July 2013
mam she have filed dowry n domestic violence case after 2yrs. since from 2yrs she is nt living with us she is with her parents.and after 2yr even she have send a notice to give her maintainance.n my brother have nt filed a divorce case against her since 2 yrs n even my brother is not here he is out of country .she have lodged a complain in rajasthan.n the notice of giving her a maintainance send from gujrat so is it possible tat u lodged a complain in another stat n send a notice from another state.
Devajyoti Barman
(Expert) 07 July 2013
When case is filed, your only option left is to fight the case on merit.
Staying separate for 2 or more years does not make hindrance to file case under PWDV Act. The offences mentioned in the Act are mostly continuing wrong and hence separation is no point for defence.
shiv
(Querist) 07 July 2013
so can my brother file divorce becoz he is out of country.
V R SHROFF
(Expert) 07 July 2013
Not to worry for AB,. as DV act don't need bail.
u can file Divorce case.
If 498 is filed, defend both cases.
If children involved, dv : mtn , residence order will be passed u/s 23 as interim relief. Prepare to pay her. That's all.
Raj Kumar Makkad
(Expert) 07 July 2013
There is no question of FIR or bail under DV Act.
shiv
(Querist) 08 July 2013
thank u sir for replying
shiv
(Querist) 09 July 2013
sir actully i m getting little bit confused s send a notice from gujrat-is so n so is(2005-sec 43 under 18'19'20'21'22]domestic violence and protection against it.n she have accused 4 name in this my father mother sister and my brother .n my sister is also pregnant.n she is nt living with us frm 2yrs .n i other case she have just filed a complain tat is from rajasthan in police station.about dowry n domestic violence.so please suggest me what to do n how to proceed becoz in rajasthan police station still the fir is pending.and file a complaint from 15 days.so y they people r not making the fir ....
ajay sethi
(Expert) 09 July 2013
so she has filed 2 cases . 1) DV 2) 498A . once fir is registered then apply for AB in 498 A case . better contact a local lawyer . all your confusion will be resolved
shiv
(Querist) 09 July 2013
so the complain filed in rajasthan is 498A.but sir iwanted to know since 2yrs she is nt living with us n now how can she file complain n y the fir still not be loged becoz the complain hde been filed from 15 days in police station.
.
shiv
(Querist) 09 July 2013
n how we come to know tat the complain filed is case of 498A. Becoz in the complain copy it is nothing mentioned just she have accuesed are family names and all lie n fake she mentioned in the copy n we havnt done any thing to her.n y after 2yrs she is complaining now wat was sshe doing all this time.plz sir help me out .
prabhakar singh
(Expert) 09 July 2013
There is not too much to agitate around as you are doing.These are fashioned litigations now a days from wives husbands need to contest.Engage a lawyer and contest.
shiv
(Querist) 11 July 2013
sir i wanted to know just one thing tat after complain is filed in police station thn within how many days the FIR will be lodged.plz sir reply.
